Residential Tenancies Branch

Section 2

Tenancy Agreements

Sub-Section 2.3

Landlord's Responsibility to Investigate Complaints

Legislation

s. 67, 73, 74, 74.1,89, The Residential Tenancies Act

Definitions

Adjacent Property: property that is close to, but not necessarily right next door to a rental unit; it can include property across a street or a back lane.

Policy

A tenant must not:

• disturb other people in the residential complex or in adjacent properties;
• threaten the safety of others in the residential complex.
• engage in unlawful activity in the residential complex that:
• causes damage to a rental unit or the residential complex
• interferes with the enjoyment of a rental unit or the complex by another tenant or the landlord or a person either lets into the complex
• adversely affects (harms) the security, safety, health or well-being of another tenant or occupant, the landlord or a person allowed in thecomplex by the tenant or landlord

A tenant must also make sure that their guests don’t cause any problems.

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When a landlord receives a complaint that a tenant or their guest has disturbed other people in the residential complex or endangered their safety, the landlord must investigate the complaint.

A landlord is also responsible to investigate complaints about a disturbance they receive from neighbours about the tenant.

After investigating, if the landlord believes the complaint is justified, the landlord must try to correct the problem. For example: A landlord receives a complaint from a tenant that another tenant is playing music very loudly and disturbing others. The landlord talks to several tenants who agree that there’s a problem. The landlord gives a written warning to the tenant who is causing the problem. If the tenant continues to play the music loudly, the landlord may give the tenant a notice to move.

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Occasionally, a tenant or someone else doesn’t think that a landlord is responding to their complaint properly. When this happens, the complainant may contact the Branch.

The Branch has the authority to decide if a landlord is meeting their obligation to investigate a complaint.

If the Branch decides that the landlord is not meeting their obligation, the Branch will order the landlord to investigate the complaint and to correct the problem. The Order won’t specify the steps the landlord must take to correct the problem. The Branch doesn’t have the authority to order a landlord to give a notice to move to a tenant who is causing a problem.

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If a landlord doesn’t comply with the Branch’s Order to investigate, a complainant may file a claim for compensation for any actual loss or expense that they have. However, the Branch doesn’t have the authority to award compensation for personal injury or death, pain and suffering or mental anguish.

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If a complainant tenant decides to move, they must give the landlord notice or ask the Branch to terminate the tenancy. Under the standard residential tenancy agreement, a landlord is responsible to comply with the Act. If the landlord doesn’t investigate and try to resolve a complaint, the landlord breaches the tenancy agreement. The tenant must give the landlord a written demand to correct the problem. For a material breach of a tenancy agreement, a tenant may choose to end a tenancy with notice of one rental payment period. (See Notice by Tenant – Section 7)

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Anyone who feels threatened by another person also has the right to file a complaint with the Provincial Court.The Provincial Court has the authority to issue a peace bond, if necessary, to order one person not to contact another person.

Procedure

Overview

An officer receives a complaint that a landlord is not meeting their obligation to investigate. The officer contacts the complainant and the landlord to discuss the concerns. The officer tries to mediate. If mediation is not successful, the officer may make a decision.

Steps ▼

1.The officer reviews the complaint to make sure they have information on the complainant’s concerns. The officer also ensures that they have details on how the complainant told the landlord of the problem.

2.The officer contacts the landlord to:

• confirm that the landlord knows about the complainant’s concerns;
• advise the landlord of their responsibility to investigate.

The officer may also suggest how the landlord could:

• investigate the complaint; and/or
• try to resolve the problem

3.The officer encourages the complainant and the landlord to share information and discuss the problem. The officer may try to mediate an agreement between the complainant and the landlord.

4.If mediation is not successful, the officer may make a decision about whether or not the landlord is meeting their obligation to investigate. To make the decision, the officer may:

• ask the complainant and the landlord to submit any information they consider relevant; or
• schedule a hearing and invite the landlord and the complainant to attend to give information about the problem.

5.The officer issues an Order.

Forms & Form Letters

X-Referencing

For information on mediation, see Section 1.
For details on giving notice, see Notice by Landlord – Tenant Not Meeting Obligation in Section 7.

Policy Developed

March, 2004

Last Revision

May, 2015

Other Resources

None

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