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A tenant or landlord can file a claim against the
other for compensation for financial loss. They can also make a
claim for costs and for interest on the compensation. A claimant has
only up to six years after a problem arises to file a claim.
For a claim to succeed, a claimant must prove, at
the very least:
- that they had a financial loss;
- that the loss took place during the tenancy;
- that the respondent, or a person the respondent allowed in the
rental unit or residential complex, caused the loss; and
- the amount of the loss.
While a landlord or tenant may make a claim, they
must be able to show what they did to keep their loss to a
minimum.
For example: A landlord is claiming loss of rent. They must show
what steps they took to re-rent the unit as soon as practicable. Or,
a tenant is claiming compensation for damaged belongings because a
landlord failed to repair a leaking roof. They must show when they
told the landlord of the problem and how they tried to prevent
further damage to their belongings.
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If a tenant removes fixtures from the rental unit
or other items which belong to a landlord when they move, the
landlord may file a claim for compensation against the tenant. While
the landlord may also want to file a complaint with the police,
they’re not required to do so.
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Compensation for Unreasonable Delay
A tenant who wants to make a claim for compensation for unreasonable
delay may file a claim with the Branch. To file a claim, a tenant
must pay the Branch a non-refundable filing fee.
Since a tenant may apply for compensation only if the landlord fails to act on a
request to repair, the tenant must show that they asked the landlord to comply with the Act or that the landlord was aware that a repair
was required. If a tenant makes more than one request for the repair, the tenant should record dates and any other relevant
information. The best advice to tenants is to put the request in writing and give it to the landlord, not just the on-site
caretaker. If request was made verbally, then the tenant might provide a statement from a witness to the
request.
The tenant must also show that the repair is required and that they
are not the cause of the problem. Tenants may take photos to show
the condition of the rental unit.
A tenant must not contribute to the delay by refusing to allow the
landlord reasonable access to the rental unit to complete the repairs.
The tenant must specify a dollar amount that they are seeking for
compensation for the delay. The tenant can claim a lump sum or an amount to be set-off against the rent each month until the repair is
made.
A tenant may claim compensation for loss of use of part of a rental
unit or loss of use of a service or facility that the landlord
provides (e.g. appliances, security system, parking, laundry
facilities, air conditioning). A tenant may also claim compensation
for any additional expenses incurred because of a delay in repairing
an item (e.g. increased water bill because of a landlord’s failure
to repair a dripping tap or a running toilet).
The tenant must show that the landlord’s failure to repair within a
reasonable period of time interfered with their quiet enjoyment of
the rental unit/residential complex by preventing them from using
the property as it was intended to be used.
In determining the amount by which the value of the tenancy has been
reduced, the Branch will consider:
- the seriousness of the situation;
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any annoyance, discomfort and inconvenience caused by the delay;
tenants will not usually be awarded compensation for temporary
discomfort or inconvenience;
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the degree to which the tenant has been unable to use the premises
as it was intended to be used;
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the length of time over which the situation has existed; a
reasonable amount of time will vary depending on the severity of the problem; for example, if the landlord supplies heat and the heat
goes off in the middle of winter, a “reasonable” amount of time may be a few hours, but if the cold water faucet is dripping, the
“reasonable” time for repair might be considerably longer;
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whether the delay was caused by matters outside of the landlord's control; for example: if a repair can only be done on a seasonal
basis or if there is a problem with contractor availability.
When the Branch awards
compensation to a tenant for unreasonable
delay, it may also award cost as allowed by the Residential
Tenancies Cost Regulation.
When a tenant files a claim for compensation for unreasonable delay,
the Branch will ask the tenant if the repairs have been completed.
If repairs are still necessary, the Branch will explain its repair
procedures to the tenant and open a repair file. The Branch will
then follow the procedures set out in Landlord’s Responsibility for
Repairs in Section 4.
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If a tenant’s belongings are damaged because a
landlord didn’t do repairs, the tenant may file a claim for
compensation against the landlord. However, a tenant must be able to
show that the landlord knew about the necessary repairs or could
have been expected to know there might be a problem.
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The Branch does not have the authority to award
compensation for:
<><><><> When filing a claim, a landlord or tenant must use a "Claim and
Notice of Hearing" form the Branch provides. The Branch does not
accept claims on any other forms.To file a claim, a landlord or tenant needs to
have an address for the respondent. If a claimant doesn’t have an
address and the Branch has a file between the claimant and
respondent, the Branch will provide whatever address is on file.
There is one exception. If there is a restraining order or a
non-molestation order between the claimant and respondent, the
Branch won’t release the address.
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The Branch generally holds a hearing before
making a decision on a claim. A claimant must give a respondent the
Claim and Notice of Hearing form at least five days before
the hearing date.
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To file a claim, a claimant must pay the Branch a
non-refundable filing fee. There are some exceptions:
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A landlord doesn’t have to pay a filing fee if their claim is
for the security deposit or less.
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A tenant doesn’t have to pay a filing fee for a claim for
moving expenses or additional
moving expenses if they receive
notice to move under Section 98 or 99 of the Act.
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A tenant generally doesn’t have to pay a filing fee when they
ask the Branch to decide on a claim against a security deposit. A
tenant who wants the Branch to make a decision on a security
deposit must contact the Branch within two years of the end
of the tenancy. After two years, a tenant must file a claim
for compensation and pay the required filing fee.
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A life lease tenant doesn’t have to pay a filing fee when they
ask the Branch to decide on a claim against an
entrance fee
refund.
If a tenant terminates a tenancy because a
landlord hasn’t met their obligations, the tenant may file a claim
for compensation against the landlord for their
moving expenses. In
these cases, the tenant must pay a filing fee. A tenant may claim
compensation for:
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renting a vehicle
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hiring professional movers;
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the cost of transferring utility or service connections;
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the cost of filing a change of address with Canada Post for
mail redirection;
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other reasonable expenses. This may include the cost of gas
or the cost of buying food for people who help the tenant move.
<><><><> A claimant may file a claim 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 address of the landlord and tenant. The Branch
usually schedules a hearing in the judicial centre closest to the
rental unit. A claimant 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 both the claimant and the
respondent.
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Even though a claim form is not completed
correctly, the Branch might still make a decision on the claim. A
landlord or tenant should not rely on an error or irregularity in
the form as a defence to a claim.
<><><><> If a respondent wants to reply to a
claim, they should attend the hearing or submit a written response
to the claim. If a respondent has a claim against a claimant, they
may also file a claim. To file a claim, a respondent must pay a
non-refundable filing fee. If a respondent files a claim, the Branch
usually tries to schedule the hearing on that claim for the same
date and time as the original claim.
In some cases, the hearing calendar for the date and time of the
original claim might be fully booked. In other cases, the respondent
may not file their claim in time to give the claimant the
required five days’ notice of the hearing. As a result, the
Branch might try to re-schedule the original hearing to a later date
and decide both claims at that time. Or, the Branch might deal with
the claimant’s claim at one hearing and hold a second hearing to
consider the respondent’s claim.
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To prevent several hearings about one tenancy, the Branch encourages
a claimant to file one claim for all the losses suffered during or
after a tenancy. A claimant can make an estimated
claim, as long as they provide specific details of the claim to the
Branch and the respondent. For example: A landlord can file a
claim for an unpaid water bill and estimate the amount of the final
bill. Or, a landlord can file a claim in January and say that they
are claiming February’s rent. In either case, the landlord would
have to prove their loss at the hearing. If a claim is not
specific enough to allow a respondent to prepare a response, the
Branch might refuse to accept the claim.
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When filing a claim, a claimant must be as clear and specific as
possible about the details of their claim. A claim needs to be clear
to:
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give the respondent the opportunity to know what the claim is
so they can respond;
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give the Branch an opportunity to help the claimant and
respondent to settle the claim through mediation; and
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allow the Branch to proceed with a hearing.
If the Branch feels that a claim is not clear or that the claimant
doesn’t have most of the information or evidence necessary to file a
claim, it won’t accept the claim for filing.
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Sometimes a claimant may need or want to add
items to a claim they filed with the Branch. If the claimant hasn’t
served the respondent, the claimant may file an amended claim and
then serve the respondent. If the claimant has already served the
respondent, the Branch may not allow the claimant to file a second
claim. The Branch has the authority not to accept a second claim if
it believes the items on the second claim could have been reasonably
included in the first claim.
<><><><> When making a decision on a claim for compensation, the Branch uses,
where appropriate, the guidelines for decision set out in Section
10.The Branch usually applies the security deposit, if any, to an
Order issued after a tenancy ends. If the landlord files a claim 28
days or more after the end of a tenancy, the Branch will deal with
the deposit at the claim hearing.
<><><><> The Branch has the authority to deal with a claim filed by a
collection agent on behalf of a landlord. While a
collection agent
may represent a landlord at a hearing, the Branch issues the Order
in the name of the landlord. The Branch doesn’t have the authority
to deal with a claim filed by a third party who "purchased" a tenant’s debt from a landlord. The Branch has the
authority to deal with matters arising from the breach of a tenancy
agreement between a landlord and tenant. The third party or
assignee’s claim is on their own behalf, not on behalf of a
landlord. The assignee must file their claim in the Court of Queen’s
Bench.
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