filing fee reimbursement
📖 What is filing fee reimbursement? Meaning and definition
When a party applies to the Tenancy Tribunal, they typically pay a filing fee. If that party is successful in their claim, the Tribunal may order the other party to reimburse, or pay back, this filing fee. This means the successful applicant gets their application cost covered by the losing party.
This reimbursement is often included as a line item in the total amount awarded by the Tribunal. For example, if a landlord successfully claims for rent arrears, the Tribunal might add the filing fee reimbursement to the total amount the tenant must pay the landlord.
The purpose of this reimbursement is to ensure that the successful party is not out of pocket for the administrative cost of bringing a valid claim to the Tribunal. It is a common component of Tenancy Tribunal orders where one party has wholly succeeded with their application.
📋 Requirements
- A party must have paid a filing fee to the Tenancy Tribunal.
- The party seeking reimbursement must be the 'successful party' in their claim.
- The Tenancy Tribunal must make an order for reimbursement.
📝 Procedure
- A party submits an application to the Tenancy Tribunal and pays the required filing fee.
- A hearing is held, which may or may not be attended by both parties.
- The Tribunal considers the evidence and determines the successful party.
- If the applicant is wholly successful, the Tribunal includes the filing fee reimbursement in the final order, to be paid by the other party.
💡 Examples
- A landlord applied to the Tenancy Tribunal for unpaid rent and was awarded $1,232.70 in rent arrears plus a $27.00 filing fee reimbursement, totalling $1,259.70.
- A tenant was ordered to pay a landlord $1,137.00, which included $1,480.00 for rent arrears and a $27.00 filing fee reimbursement, with a bond deduction applied.
- A company, as landlord, successfully claimed for rent arrears and was awarded $617.86 in arrears and a $27.00 filing fee reimbursement from the tenant.
❓ Frequently asked questions
What is the typical amount for a filing fee reimbursement?
Based on the case excerpts, the filing fee reimbursement amount was consistently $27.00 in the examples provided.
Who pays the filing fee reimbursement?
The Tenancy Tribunal orders the party who did not succeed in the claim to pay the filing fee reimbursement to the successful party.
Do I automatically get my filing fee back if I win my case?
If you are the wholly successful party in your claim, the Tribunal generally awards reimbursement of the filing fee, as seen in the provided cases.
Is the filing fee reimbursement added to other amounts I might be owed?
Yes, the filing fee reimbursement is typically added to any other amounts awarded, such as rent arrears, to form a total amount payable by one party to the other.
What if the other party doesn't attend the hearing?
As shown in the cases, if the applicant is successful, even if the other party doesn't attend the hearing, the Tribunal can still order the absent party to pay the filing fee reimbursement.