Community Legal Assistance Society - BC Judicial Review Self-Help Guide

Apply for Review Consideration

If you receive an order of possession either from the Residential Tenancy Branch (RTB) or from your landlord, you can apply to the RTB for review consideration to have the order of possession set aside. You have 2 days from the date you received the order to apply to the RTB for review consideration.

You can apply for an internal review in any of the following situations:

  • You were unable to attend the RTB hearing due to circumstances that were beyond your control;
  • You have new and relevant evidence that was unavailable at the time of the RTB hearing; or
  • The original decision or order was obtained by fraud and you have evidence that proves the fraud.

You can learn more about what each of these situations and how terms like ‘fraud’ are interpreted at the Residential Tenancy Branch’s website section on applying for review of a decision. If you think any of the above points might describe your situation, you should go to the RTB office or website, or the nearest Service BC office, and request a review as soon as possible. The RTB should be able to confirm that you have filed for review if your landlord calls to ask.

Legally, a landlord is not entitled to force you out of your rental unit until the RTB has made a decision about your application for review. However, some landlords may not know this or may try to ignore the law.

It is very important to tell your landlord you have filed a review. Give your landlord a copy of the review application stamped by the Residential Tenancy Branch.

You can also use this template letter designed by the TRAC Tenant Resource & Advisory Centre which will inform your landlord that you have filed for review consideration.

Be warned: the review decision from the RTB can come down at any time. If the review decision goes against you, your landlord will be able to take immediate steps to force you out as of the date and time on the order of possession. If that date has passed by the time the review decision comes down, and the RTB does not grant your request for a review, your landlord can take steps to evict you right away.

You can download a copy of the Residential Tenancy Branch’s review consideration form.

You can learn more about applying for review consideration on the Residential Tenancy Branch website.

This website, jrbc.ca or judicialreviewbc.ca, is produced for educational purposes only. This website has information on common situations, but does not cover all possible situations. You should not rely on this website as legal advice. If you have a legal problem, you should get legal advice on your particular situation.

This website may contain inaccurate or misleading information. The law, including statutes, regulations, court rules, court practices, and court precedents can change without warning and those changes may not be reflected in this website. The Community Legal Assistance Society, its funders, its authors, its contributors, its editors, and the distributors of this website are not responsible for ensuring this website is up-to-date, ensuring the completeness or accuracy of the information contained in this website, or any form of damages or monetary loss caused by or attributed to the use of this website, including but not limited to claims based on negligence or breach of contract.

Site by the Community Legal Assistance Society. Content available under Creative Commons CC BY-NC licence. This guide is made possible by funding from the British Columbia Ministry of Justice and the Law Foundation of British Columbia. This guide was originally produced by David Mossop, Q.C.
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