Landlord and Tenant - The Hearing

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The Six Steps of a Hearing


The Landlord and Tenant Board Hearing

The Landlord Tenant Board will hold a hearing to resolve the problem between a tenant and landlord. Hearings are similar to court, since both the landlord and the tenant have to present their case and can show evidence.

At a hearing, a LTB member will hear both sides of the story. After they hear both sides, the LTB will make a decision based on what they’ve heard and on the evidence they have seen. The decision is issued in writing and it is called an order.

Help for Tenants: Duty Counsel Services

To help prepare tenants for a hearing, the LTB offers a service called Tenant Duty Counsel Services. A tenant duty counsel is a person who helps the tenant during the hearing, and is available at all hearing locations.  Tenants do not need an appointment to get help, but should arrive early for their hearing so there is time to see the tenant duty counsel.

Mediation

  • If the LTB thinks your case is one that can be resolved through a mediation session, they will suggest it. 
  • A Mediator who works for the LTB will work with both sides to try to reach an agreement to settle the dispute.
  • Mediation is a more relaxed way to reach a decision than formal LTB hearings. 
  • Mediation is optional; this means that both the tenant and the landlord have to agree to it for it to take place.  
  • If one side does not want to go to mediation, a LTB hearing will take place instead.

Video from the Landlord and Tenant Board website.

The Six Steps of a Hearing

  1. The applicant speaks

    You, the tenant, are the applicant and you go first.  This is your chance to tell the LTB member

    • Your side of the story
    • A little background information on who you are, and how long you have lived in the rental unit
    • What the problem is, and why it is a problem; and
    • How you have tried to solve the issue before going to the LTB. This can include trying to speak to the landlord, or writing to the landlord about the problem.
    • You can also bring witnesses, who will provide evidence by speaking about the case.
  2. The respondent can ask you questions

    Once you have finished telling your story, the respondent (landlord) can ask questions. The respondent is not allowed to argue with you; he or she can only ask questions.

  3. The respondent tells his/her side of the story

    The respondent now has a turn to tell his or her side of the story. The respondent might bring evidence to show why this side of the story is true. Respondents can also bring a witness to the hearing.

  4. The applicant can ask the respondent questions

    You now have a chance to ask the respondent (landlord) questions. If you didn't understand any part of the respondent’s story, this is the time to ask questions about it.

  5. The applicant and respondent say a final word about their story

    First the applicant, and then the respondent, each have a turn to:

    • Remind the LTB member about the important parts of their story, including evidence; and
       
    • Tell the LTB member what they think the decision should be, and why.
  6. The Board Member makes a decision

    After the hearing, the LTB member issues a written decision, called an order. A copy of the order will be sent to both parties (applicant and respondent).  The order might describe how the LTB member reached a decision, or it might not. If it doesn't, either party has 30 days after the hearing to ask for the reasons for the decision.

Video from the Landlord and Tenant Board website.

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