Order of Possession

 Order of Possession – Application by Condominium Corporation

s. 13.1(7), 13.1(8), The Condominium Act
s. 18, 25 (1)(c), Residential Tenancies Regulation
 

Application for an Order of Possession: an application a condominium corporation completes asking the Branch to enforce a Notice of Termination and order a tenant to move.

Hearing: a meeting where an application is decided. The condominium corporation, landlord/unit owner and tenant present information about their case to an officer.

Mediation: a confidential process that the Branch uses to encourage and help tenants, landlords and condominium corporations discuss problems, think of possible solutions and reach their own agreement. Mediation can take place in meetings, conference calls or separate telephone conversations.

Mediated agreement: a written document a mediation officer prepares to outline an agreement between a landlord, tenant and condominium corporation. Mediated agreements are confidential. They are not a matter of public record.

Notice of Termination: a written notice, by a condominium corporation, to end a tenancy.

Order of Possession: a written Order, issued by the Branch, that enforces a valid notice of termination. The tenant must move out of a rental unit on or before a set date.

Residential Tenancies Commission: a board that hears appeals on decisions or Orders the Branch issues.

Unit owner: for the purpose of this subsection, a unit owner is a person or company that owns and rents out one or more units in a condominium complex.
 

When applying for an Order of Possession, a condominium corporation must use the application form the Branch provides. The Branch does not accept applications on any other forms.

The condominium corporation must include the following information with the Application for an Order of Possession:

• a copy of the Notice of Termination; and

• copies of the letters asking the tenant and landlord/unit owner to correct a problem.

A condominium corporation may apply for an Order of Possession at the nearest Branch office. The Branch holds hearings in Winnipeg, Brandon and Thompson as well as in other judicial centres in the province. The Branch decides where the hearing will be held. This decision is based on the location of the rental unit and the addresses of the parties involved. The Branch usually schedules a hearing in the judicial centre closest to the rental unit. A condominium corporation may ask to have their hearing outside of the nearest judicial centre. The Branch will accommodate a request for a different location if it appears fair to all the parties.

When a condominium corporation applies for an Order of Possession, they must pay the Branch a non-refundable filing fee.

A condominium corporation must give both the tenant and the landlord/unit owner notice of their Application for an Order of Possession.

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The Branch may issue an Order of Possession because a tenant contravenes or breaches a condominium corporation’s declaration, by-laws or rules. This breach or contravention may include:

• failing to repair damage the tenant or their guests cause to the residential complex;

• endangering the safety of others in the residential complex; or

• disturbing other unit owners or occupants of the complex.

The Branch makes decisions on applications for Orders of Possession at a hearing. After the hearing, the Branch may issue an Order of Possession. The Order of Possession tells the tenant to move out of the rental unit by a specific date. The tenant has seven days to appeal the Order of Possession to the Residential Tenancies Commission.

The Order of Possession doesn’t actually give the condominium corporation possession of the unit. But, it does give the corporation the right to apply to the Court of Queen’s Bench for a Writ of Possession to have the tenant removed.

The Branch has the authority to award compensation for a breach of The Residential Tenancies Act, The Life Leases Act or a tenancy agreement.

However, the Branch does not have the authority to order a tenant to pay compensation to a condominium corporation for a breach of a corporation’s bylaws.
 

Overview

A condominium corporation applies for an Order of Possession and the Branch schedules a hearing. Based on the information provided at the hearing, an officer makes a decision and issues an Order.
 

Steps

1. A condominium corporation applies for an Order of Possession and pays the filing fee.
    

2. The Branch schedules a hearing and gives the corporation a copy of the application for their records and copies for both the tenant and landlord/unit owner. The application includes information on the date and time of the hearing.
    

3. The condominium corporation must give the tenant and the landlord/unit owner notice of the hearing at least five days before the hearing date. If the condominium corporation can’t give the notice of the hearing, they may apply in writing for substitutional service and/or a new hearing date.
    

4. Before the hearing, a mediation officer may contact the condominium corporation, landlord/unit owner and tenant to see if they can reach an agreement on terminating the tenancy.
    

5. If mediation is not successful, an officer follows the steps for hearings. (See Hearings in Section 11.)
    

6. The hearing officer generally issues a decision within two working days of the hearing. The decision is sent by courier or priority post to the condominium corporation, the landlord/unit owner and the tenant
   
   If anyone appeals the Branch’s Order, the Order is stayed. This means the Branch’s Order is no longer in effect and cannot be enforced in the Court of Queen’s Bench.
    

For information on garnishing a tenant’s rent, see Entitlement to Collect Rent in Section 1.
For details on ending a tenancy, go to Notice by a Condominium Corporation in Section 7.
For information on enforcing an Order of Possession, see this section.
For information on amending an Order, see section 11.
Hearings are covered in Section 11.
 

March, 2004

Branch fact sheet:
          Facts About Hearings & Mediation
 

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