Lesson 2 – Filing a Complaint

Introduction

When a dispute between a landlord and tenant cannot be resolved through discussion, either party may refer the matter to the Rental Housing Tribunal. The Tribunal provides an accessible and affordable method of resolving residential tenancy disputes without immediately resorting to court proceedings.

To ensure a complaint is dealt with efficiently, it is important to follow the correct procedures, provide all necessary documentation and cooperate throughout the investigation and mediation process. Well-prepared complaints are generally resolved more quickly and give the Tribunal a clearer understanding of the dispute.

This lesson explains how to file a complaint, the documents that should accompany an application, the mediation process and how the Tribunal investigates complaints.

Learning Objectives

By the end of this lesson, you will be able to:

• Understand the complaint procedure.
• Prepare the documents required by the Tribunal.
• Understand the mediation process.
• Explain how the Tribunal investigates complaints.
• Improve the likelihood of an efficient resolution.

When Should a Complaint Be Filed?

A complaint should normally be filed when the landlord and tenant cannot resolve a dispute through communication.

Common situations include:

• Rental arrears disputes.
• Deposit disputes.
• Maintenance disagreements.
• Failure to carry out repairs.
• Unfair rental practices.
• Utility payment disputes.
• Access to the property.
• Lease interpretation.
• Breach of lease obligations.

Landlords should attempt to resolve disputes directly before approaching the Tribunal whenever possible.

Who May File a Complaint?

A complaint may generally be submitted by:

• A landlord.
• A tenant.
• An authorised representative acting on behalf of either party, where permitted.

Both parties have equal access to the Tribunal’s dispute resolution process.

Complaint Procedures

The complaint process usually begins by submitting the required complaint form together with supporting documentation.

Although procedures may differ slightly between provinces, the process generally includes:

• Completing the prescribed complaint form.
• Providing details of the dispute.
• Attaching supporting documents.
• Submit the complaint to the appropriate Rental Housing Tribunal.
• Receiving confirmation that the complaint has been accepted.
• Waiting for the Tribunal to begin its assessment.

The Tribunal will then determine how the matter should proceed.

Providing Accurate Information

The complaint should contain accurate and complete information.

This generally includes:

• Names of the landlord and tenant.
• Contact details.
• Property address.
• Details of the lease agreement.
• Description of the dispute.
• Dates of relevant events.
• Attempts were made to resolve the matter.
• The outcome being requested.

Providing incomplete information may delay the investigation.

Required Documentation

Supporting documentation is essential.

Useful documents include:

• The signed lease agreement.
• Identity documents where required.
• Rental payment records.
• Deposit records.
• Inspection reports.
• Photographs.
• Maintenance requests.
• Contractor quotations.
• Letters of demand.
• Breach notices.
• Correspondence between the parties.
• Utility statements where relevant.
• Proof of payments.
• Any other documents supporting the complaint?

The quality of the documentation often influences how quickly the matter can be assessed.

Organising Supporting Documents

Documents should be:

• Clearly labelled.
• Easy to read.
• Arranged in chronological order.
• Complete.
• Relevant to the dispute.

Well-organised documentation assists the Tribunal during both mediation and investigation.

Acknowledgement of the Complaint

Once the complaint has been received, the Tribunal generally:

• Registers the matter.
• Allocates a reference number.
• Reviews the documents submitted.
• Determines whether additional information is required.
• Notifies the other party of the complaint.

Both parties are usually given an opportunity to present their version of events.

The Mediation Process

Many disputes are resolved through mediation before a formal hearing becomes necessary.

Mediation is an informal process where an independent mediator assists the landlord and tenant in reaching a mutually acceptable solution.

The mediator does not decide who is right or wrong but encourages constructive discussion.

Objectives of Mediation

Mediation seeks to:

• Improve communication.
• Clarify misunderstandings.
• Encourage cooperation.
• Reach practical solutions.
• Preserve the tenancy where appropriate.
• Reduce legal costs.
• Avoid formal hearings.

Successful mediation benefits both parties.

Preparing for Mediation

Landlords should prepare by:

• Reviewing the lease agreement.
• Organising supporting documents.
• Preparing a timeline of events.
• Identifying the issues in dispute.
• Considering reasonable settlement proposals.

Preparation improves the chances of resolving the dispute.

Participating in Mediation

During mediation, landlords should:

• Remain professional.
• Listen carefully.
• Avoid emotional arguments.
• Focus on facts.
• Respect the mediator.
• Be willing to consider reasonable solutions.
• Keep discussions constructive.

Many disputes are resolved through respectful negotiation.

If Mediation Is Unsuccessful

Where mediation does not resolve the dispute, the Tribunal may proceed with a formal investigation or hearing.

The matter then moves to the next stage of the dispute resolution process.

Investigation Procedures

The Tribunal has the authority to investigate complaints thoroughly.

Its investigation may involve:

• Reviewing documents.
• Examining lease agreements.
• Considering payment records.
• Inspecting photographs.
• Interviewing the parties.
• Requesting additional evidence.
• Gathering information from relevant sources.

The objective is to establish the facts before making a decision.

Requests for Additional Information

During an investigation, the Tribunal may ask either party to provide:

• Further documentation.
• Clarification of events.
• Updated financial records.
• Inspection reports.
• Maintenance records.
• Witness information.

Prompt cooperation helps prevent unnecessary delays.

Site Inspections

In some cases, the Tribunal may arrange an inspection of the property.

An inspection may assist where disputes relate to:

• Property damage.
• Maintenance.
• Repairs.
• Habitability.
• Health or safety concerns.

Inspection findings may form part of the evidence considered by the Tribunal.

Formal Hearings

If the dispute remains unresolved, the Tribunal may schedule a formal hearing.

During the hearing:

• Both parties present evidence.
• Questions may be asked.
• Documents are examined.
• Witnesses may be heard where appropriate.
• The Tribunal considers all relevant information before making its decision.

Each party has an equal opportunity to present its case.

Possible Outcomes

Following mediation or investigation, the Tribunal may:

• Resolve the dispute through agreement.
• Issue a legally binding ruling.
• Direct a party to comply with the lease agreement.
• Order repairs to be completed.
• Direct the refund of a rental deposit.
• Require compliance with the Rental Housing Act.
• Dismiss the complaint if it lacks merit.

The outcome depends on the evidence presented.

Common Mistakes When Filing Complaints

Common mistakes include:

• Submitting incomplete forms.
• Failing to provide supporting documents.
• Poor record keeping.
• Providing inaccurate information.
• Ignoring Tribunal requests.
• Missing appointments.
• Presenting emotional arguments instead of evidence.

Careful preparation helps avoid these problems.

Best Practice for Landlords

Professional landlords should:

• Attempt to resolve disputes before filing complaints.
• Keep comprehensive tenancy records.
• Submit complete documentation.
• Respond promptly to Tribunal requests.
• Attend mediation in good faith.
• Remain professional throughout the process.
• Comply with Tribunal directions and rulings.

Good preparation often leads to quicker and more satisfactory outcomes.

Lesson Summary

Filing a complaint with the Rental Housing Tribunal provides landlords and tenants with an effective alternative to court proceedings for resolving residential tenancy disputes. A successful complaint depends on following the correct procedures, providing complete supporting documentation and participating constructively in mediation and any subsequent investigation.

By maintaining accurate records, cooperating with the Tribunal and presenting clear evidence, landlords place themselves in a stronger position to achieve a fair and efficient resolution.