If you are a tenant in British Columbia and your dispute with a landlord has already gone through a decision by the Residential Tenancy Branch (RTB) but you believe there’s been a mistake, you may be wondering if you can reopen your case. This process is called a "Request for Review Consideration," and it can give tenants another chance if new evidence arises or there was a serious procedural error. Knowing how to take this vital step helps ensure your rights as a renter are fully protected under BC’s laws.
Which Tribunal Handles Tenancy Disputes in British Columbia?
In BC, disputes between tenants and landlords—including cases about eviction, rent increases, and repairs—are managed by the Residential Tenancy Branch (RTB). The RTB resolves issues according to the Residential Tenancy Act[1]. If you've already been through the hearing process and received a written decision, the RTB’s case may be closed. However, in special situations, tenants can apply to have a closed file reviewed.
When Can a Closed RTB Case Be Reopened?
A tenant in BC can request the reopening ("review consideration") of a closed LTB case only under specific conditions:
- There was a serious error in the original proceeding that likely affected the decision.
- Relevant evidence was not available at the original hearing and could not have been provided earlier.
- The tenant was unable to attend the hearing due to circumstances beyond their control.
This is not a new hearing of the original case, but a chance to correct notable errors or admit crucial, new evidence. It's important to act quickly—these requests usually have strict deadlines. As of 2024, a Request for Review Consideration must be filed within 2 days of receiving an oral decision, or 5 days of a written decision.
How to Request a Review Consideration
To reopen a closed RTB case, tenants must use the official form below. Make sure you have a strong reason that fits the criteria above before submitting your request.
- Form: RTB-53: Application for Review Consideration
- Official Source: Request a Review Consideration (Residential Tenancy Branch)
When to use this form: If you got an RTB decision and believe there was a major error, or you could not attend through no fault of your own, file RTB-53 as soon as possible.
Example:
If you missed your RTB hearing because you were in hospital and couldn’t notify the Branch, you could file RTB-53 explaining your reason and attach proof, such as a hospital note. If you just disagree with the outcome, but all the evidence was available, review consideration is unlikely to succeed.
Steps to Reopen a Closed RTB Case in BC
Here's a step-by-step guide to requesting a review consideration with the Residential Tenancy Branch:
- Carefully read the RTB’s written decision and note the date you received it.
- Confirm you meet one or more of the allowed reasons for review.
- Complete the RTB-53 form fully and accurately.
- Attach supporting documents or evidence (e.g., proof of why you couldn’t attend).
- File the request online, in person at a Service BC office, by mail, or by fax.
- Keep copies of all materials and confirm receipt if possible.
If the Residential Tenancy Branch accepts your application, your case may be reopened and an arbitrator will review it. You may be scheduled for another hearing, or the matter could be decided based on the new evidence.
After Submitting the Review Request
After your request is submitted, the RTB will notify both parties (tenant and landlord). The RTB will decide whether your new information justifies reopening the case. If granted, a new decision will be issued, sometimes after a fresh hearing.
Important Reminders for Tenants
- Keep copies of every document and communication during the dispute.
- Always note key dates, like when you receive RTB decisions.
- Only use a review consideration when there’s a major problem or missing evidence—not just because you disagree with the original decision.
Related Tenant Rights and Resources
If you want to better understand your responsibilities or common challenges, visit Common Issues Tenants Face and How to Resolve Them. For complete information on your local laws, check the summary at Tenant Rights in British Columbia. To simplify your rental search, Find rental homes across Canada on Houseme.
- Can I appeal an RTB decision if I just disagree with the outcome? Usually, review consideration is only available where there was a procedural problem, new evidence, or if you couldn’t attend for serious, unavoidable reasons. If you simply disagree, another path (judicial review in Supreme Court) may be required.
- What if I missed the deadline to request a review? Deadlines are strict. Late applications are generally refused unless you can prove a serious, unavoidable circumstance that prevented you from filing in time.
- What happens if my review request is successful? If accepted, the RTB may schedule a new hearing or review your new evidence, and issue a revised decision.
- Is there a fee for requesting a review consideration? Yes, as of 2024 there is a fee, though some low-income applicants may qualify for a fee waiver. Check the form instructions for details.
- Does filing a review stop enforcement of an existing order? No, usually the original order stands unless the RTB decides otherwise. Let the RTB know if there's an urgent issue with enforcement while waiting for review.
Need Help? Resources for Tenants
- Visit the Residential Tenancy Branch website for guides and contact info.
- Call the RTB tenant info line: 1-800-665-8779
- Contact Tenant Resource & Advisory Centre (TRAC): https://tenants.bc.ca/
- For general legal information, see Tenant Rights in British Columbia
