Expedited Hearings at the BC RTB: When You Can Get a Fast Hearing

An expedited hearing at the BC Residential Tenancy Branch is a fast-track hearing for emergencies that endanger someone's health or safety. It is usually limited to three applications: a landlord's early end of tenancy, emergency repairs, and a tenant's order of possession. The RTB aims to hear it within 12 days, against at least 22 days for a regular hearing.

Which disputes qualify for an expedited hearing?

RTB Policy Guideline 51 and Rule 10 of the RTB Rules of Procedure set out the process. The RTB automatically considers these for an expedited hearing:

• Early end of tenancy (RTA s.56): a tenant or guest has seriously jeopardized health or safety, put the property at significant risk, engaged in damaging illegal activity or caused extraordinary damage, and waiting a month for a cause notice would be unreasonable.
• Emergency repairs (RTA s.33): major pipe or roof leaks, blocked water or sewer pipes or plumbing fixtures, the primary heating system, defective locks on the unit, or the electrical system.
• Order of possession for a tenant (RTA s.54): a tenant who signed a tenancy agreement and is being kept out of the unit.

Money claims and orders of possession for unpaid rent are not considered. Undisputed 10 Day Notices go through a Direct Request instead.

How to apply and serve

1. File an Application for Dispute Resolution for only the urgent claim. Adding a money claim, other than the filing fee, takes it out of the expedited stream.
2. Describe the danger clearly and attach evidence: photos, video, witness statements or police reports.
3. Serve the respondent by a method in the director's standing order on service.
4. Submit form RTB-9, Proof of Service: Notice of Expedited Hearing, at least two days before the hearing.

Frequently asked questions

How fast is an expedited hearing in BC?

The RTB usually tries to schedule it within 12 days of receiving the application, and in extremely urgent cases, such as an assault backed by video or an illegal lockout, as soon as six days after.

Can I change my application after filing?

Only at the hearing, with the arbitrator's permission. Switching from emergency to regular repairs, or from early end of tenancy to a cause notice, will almost always lead to dismissal.

Why would the RTB dismiss my application?

Under Rule 10.1.3, if the written details don't disclose a qualifying cause, for example an early-end application that is really about unpaid rent, or repairs that aren't emergency repairs. Staff contact the applicant first.

Is a broken washer or mould an emergency repair?

No. Appliance repairs, mould removal and pest control are excluded. A tenant must try to reach the landlord twice by phone before treating a repair as urgent; see emergency repairs in BC.

I've been served. What should I do?

Act at once. A respondent who avoids service or delays may lose an adjournment request, and the arbitrator can decide on the applicant's evidence alone. Read what happens at an RTB hearing.