Tenant Loses Application to Cancel Notice of Eviction for Unpaid Rent
📌 In brief
A tenant who did not attend their hearing lost their application to cancel a notice to end tenancy due to unpaid rent. The arbitrator granted an order of possession and a monetary order for the outstanding rent, plus interest on the security deposit.
⚖️ Legal holding
A tenant who fails to pay rent within five days after receiving a 10 Day Notice is conclusively presumed to have accepted the termination of their tenancy under section 46(5) of the Residential Tenancy Act (BC).
📚 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) Claimant's Request for Compensation Rejected by Residential Tenancy Branch
- Residential Tenancy Branch (British Columbia) Tenant Secures Return of Security Deposit Plus Interest
- Residential Tenancy Branch (British Columbia) Tenant Loses Application to Cancel Notice for Unpaid Rent
- Residential Tenancy Branch (British Columbia) Landlord Wins Order of Possession and Unpaid Rent from Tenant
- Residential Tenancy Branch (British Columbia) No Tenancy Agreement Means No Rent Payment Required
- Residential Tenancy Branch (British Columbia) Claimant's Request for Tenant Compensation Rejected by RTB
- Residential Tenancy Branch (British Columbia) Landlord Granted Order of Possession for Unpaid Rent
- Residential Tenancy Branch (British Columbia) Residential Tenancy Branch Rejects Tenant’s Application
- Residential Tenancy Branch (British Columbia) Residential Tenancy Branch Rejects Tenant’s Application for Compensation an…
- Residential Tenancy Branch (British Columbia) Residential Tenancy Branch Rejects Landlord’s Early Termination Request
- Residential Tenancy Branch (British Columbia) Application Dismissed: Proper Service Required in Tenancy Cases
- Residential Tenancy Branch (British Columbia) Residential Tenancy Decision: Landlord’s Claim for Unpaid Rent Rejected
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The tenant does not pay the rent or overdue amounts within five days of getting a 10 Day Notice.
- The tenant does not dispute the 10 Day Notice in court within five days.
- The tenant does not properly serve their court documents as required by the rules.
- The tenant tries to withhold rent or challenge valid rent increases based on problems with older notices.
- The tenant claims there is no formal tenancy agreement to avoid paying rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's application to cancel the landlord's notice to end tenancy was dismissed.
Who was involved?
A tenant and a landlord were involved in the dispute over unpaid rent.
How did the court decide, and why?
The arbitrator decided that since the tenant failed to pay rent within five days of receiving the notice, they are presumed to have accepted the termination of their tenancy.
Which laws or rules were applied?
Sections 46, 52, and 55 of the Residential Tenancy Act (BC) were applied.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
If a tenant fails to pay rent within five days of receiving a notice, they may lose their tenancy and be required to vacate the property.
What evidence or documents mattered?
The 10 Day Notice and proof of unpaid rent were key pieces of evidence.
Can a decision like this be appealed?
Yes, decisions from the Residential Tenancy Branch can typically be appealed to the Supreme Court of British Columbia.
Is it worth getting a lawyer for a case like this?
It is advisable to consult with a qualified lawyer for legal advice and representation in such cases.