Landlord Partially Wins Order of Possession for Unpaid Rent in Victoria
📌 In brief
In this case, the Landlord successfully obtained an Order of Possession from the Residential Tenancy Branch after serving the Tenant with a 10 Day Notice for unpaid rent. However, the full monetary order for rent was dismissed due to insufficient evidence on the legality of the rent increase.
📖 Technical summary
The Landlord's application for possession and partial monetary order was granted, but the full rent claim was dismissed due to insufficient evidence.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Residential Tenancy Branch (British Columbia) RTB Grants Order of Possession and Monetary Order for Unpaid Rent in May 20…
- Residential Tenancy Branch (British Columbia) Landlord Secures Order of Possession but Fails to Recover Unpaid Rent in BC…
- Residential Tenancy Branch (British Columbia) Landlord Partially Wins Rent and Damage Claim in BC Tenancy Case
- Residential Tenancy Branch (British Columbia) Tenant Wins Compensation and Rent Reduction for Water Leaks in Vancouver
- Residential Tenancy Branch (British Columbia) Tenant Wins Rent Increase Dispute Over Improper Service in Surrey
- Residential Tenancy Branch (British Columbia) Tenant Settlement Agreement Cancels Eviction Notices and Sets Terms for Ren…
- Residential Tenancy Branch (British Columbia) RTB Grants Partial Monetary Order for Unpaid Rent and Damages in Vancouver …
- Residential Tenancy Branch (British Columbia) BC RTB Grants Order of Possession for Unpaid Rent in Surrey
- Residential Tenancy Branch (British Columbia) Landlord Wins Order of Possession and Unpaid Rent Order for $3,400
- Residential Tenancy Branch (British Columbia) RTB Grants Landlord Order of Possession for Unpaid Rent in Victoria
- Residential Tenancy Branch (British Columbia) RTB Grants Order of Possession for Unpaid Rent in Victoria
- Residential Tenancy Branch (British Columbia) Landlord Obtains Order of Possession for Unpaid Rent in Surrey
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- A landlord usually gets an order of possession if the tenant does not pay rent within five days of receiving a 10 Day Notice.
- A landlord usually gets an order of possession if the tenant does not challenge a 10 Day Notice within five days.
- A tenant gets double their security deposit back if the landlord does not return it within 15 days of getting a forwarding address.
- A tenant gets double their security deposit back if the landlord does not make a claim against the deposit.
❌ Tends to be rejected
- A landlord's request for possession and money can be denied even if the tenant fails to pay rent within five days of a 10 Day Notice.
- A tenant's attempt to withhold rent or challenge rent increases is denied if it is based on problems with old notices, while current notices were properly given.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Residential Tenancy Branch granted an Order of Possession to the Landlord for unpaid rent but dismissed the monetary order for unpaid rent, with leave to reapply.
What was the dispute about?
The dispute was about the Landlord's request for an Order of Possession and a Monetary Order for unpaid rent.
How did the court decide, and why?
The court decided to grant the Order of Possession based on the compliance of the 10 Day Notice under sections 46(5) and 53(2) of the Act, but dismissed the Monetary Order for unpaid rent.
Was the decision for or against the person who brought the case?
The decision was partly for the person who brought the case, granting the Order of Possession but dismissing the Monetary Order for unpaid rent.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that if the 10 Day Notice is compliant with the Act, an Order of Possession can be granted, but a Monetary Order for unpaid rent may be dismissed with leave to reapply.
What evidence or documents mattered?
The evidence and documents that mattered included the residential tenancy agreement, Notice of Rent Increase forms, 10 Day Notice, and Direct Request Worksheet.