Application for Additional Rent Increase for Capital Expenditures

A Tenant’s Experience in British Columbia

Glossary

I’ve consolidated definitions from a bunch of sources into one easy reference! It supplements, but does not replace, the official sources. In some cases, a “non-legalese” interpretation has also been added.

Abbreviations

ARI-C - Additional Rent Increase for Capital Expenditures; can be used to refer to the legislation, a specific application, or the dispute resolution process
EOUL - End of Useful Life; often discussed in tandem with Policy Guideline 40
PG or GL - Policy Guideline; specifically those issued by the RTB
RTA - Residential Tenancy Act
RTB - Residential Tenancy Branch
RTR - Residential Tenancy Regulation

Terms

Act (The Act)

(From Pages 6-8 of the Rules of Procedure) the Residential Tenancy Act or Manufactured Home Park Tenancy Act, as applicable.

The Residential Tenancy Act is the piece of legislation that governs residental renters and landlords in British Columbia. It includes protections, processes, and responsibilities for both parties, and is the jurisdiction of the RTB.

Adjournment (Adjourn)

(From Pages 6-8 of the Rules of Procedure) the determination by an arbitrator that a dispute resolution proceeding will be reconvened at a later date, either at the request of one or both of the parties, or on the arbitrator’s own initiative.

When a hearing is paused with the intent of continuing at a later date. This can be at the request of one of the parties (for example, if there was a procedural issue, or new arguments were made that need to be researched) or if the scheduled time for the meeting has ended without a resolution.

Adjudicative hearing (Substantive hearing)

The hearing where arguments are brought forward, evidence is discussed, and where the arbitrator will be examining what is presented.

Adverse inference

When documents are not produced, a party can ask that the arbitrator draw “adverse inference”. It’s the official way of saying, “I think that they didn’t produce the documents because it would hurt their case”.

Agent

(From Pages 6-8 of the Rules of Procedure) a person appointed by a party to act on that party’s behalf.

Another source

(From Section 21.1 of the Regulation) includes a grant scheme or similar scheme, an insurance plan and a settlement of a claim;

Applicant

(From Pages 6-8 of the Rules of Procedure) a landlord or tenant who applies for dispute resolution by completing an Application for Dispute Resolution, having it accepted by the Residential Tenancy Branch and paying any required fee.

In the context of an Application for Additional Rent Increase for Capital Expenditures, the landlord is the applicant.

Arbitral

Relating to the process of arbitration.

Arbitration

Like a private trial where a neutral third party makes the final decision. It is less formal than court.

Arbitrator

(From Pages 6-8 of the Rules of Procedure) an independent decision-maker delegated by the director of the Residential Tenancy Branch to conduct dispute resolution proceedings and make final and binding decisions. In these Rules, this term is also used to refer to an adjudicator, who is delegated by the director of the Residential Tenancy Branch to conduct certain types of dispute resolution proceedings and make final and binding decisions.

Balance of probabilities

(From Rule 6.6 of the Rules of Procedure) means that it is more likely than not that the facts occurred as claimed.

(From TRAC - Participating In a Hearing) This means that arbitrators will consider a range of factors, such as the law, relevant evidence, and credibility, in order to reach a decision based on what they believe most likely occurred. The standard of proof at dispute resolution is therefore lower than the standard of proof at a criminal trial, where the defendant must be proven guilty beyond a reasonable doubt. When participating in the dispute resolution process, the goal is to present a clear and convincing argument that pushes your version of events beyond a 50% probability in the eyes of the arbitrator.

Common area

(From Section 1 of the Act) means any part of residential property the use of which is shared by tenants, or by a landlord and one or more tenants;

Cross-application

(From Pages 6-8 of the Rules of Procedure) an Application for Dispute Resolution made in response to an existing, related Application for Dispute Resolution.

Days

(From Pages 6-8 of the Rules of Procedure)

If the time for doing an act in relation to a Dispute Resolution proceeding falls or expires on a holiday, the time is extended to the next day that is not a holiday.
If the time for doing an act in a government office (such as the Residential Tenancy Branch or Service BC) falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open.
In the calculation of time expressed as clear days, weeks, months, or years, or as “at least” or “not less than” a number of days, weeks, months, or years, the first and last days must be excluded.
In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included.

Decision

(From Pages 6-8 of the Rules of Procedure) a conclusion or determination of the arbitrator which legally resolves the matters outlined in the Application for Dispute Resolution, including orders, if necessary to implement the decision.

Director

(From Section 1 of the Act) means the director appointed under section 8 [appointment of director] and, in relation to a power, duty or function of the director given to an employee referred to in section 9 (2) or delegated to a person retained under that section, includes that employee or person;

Dispute resolution proceeding

(From Pages 6-8 of the Rules of Procedure) a legal process initiated by a landlord or a tenant by filing by an Application for Dispute Resolution for the purpose of obtaining a legally binding decision from an independent decision-maker, including:

a proceeding conducted by an arbitrator that resolves disputes without a formal hearing, and after which the arbitrator makes a decision and/or order; and
a formal dispute resolution proceeding at which an arbitrator will give the parties to the dispute an opportunity to present evidence and argument and to question the other party, and after which the arbitrator makes a decision and/or order. At the discretion of the director of the Residential Tenancy Branch, a dispute resolution proceeding may be conducted by conference call, through written submissions or in person.

Dwelling unit

(From Section 21.1 of the Regulation) means the following:

living accommodation that is not rented and not intended to be rented;
a rental unit;

Eligible capital expenditures

(From Section 21.1 of the Regulation) means capital expenditures described in section 23.1 (4);

[…]

For certainty, the following are not eligible capital expenditures:

capital expenditures described in section 23.1 (5);
an amount equal to the value of a landlord’s labour for installations, repairs or replacements described in section 23.1 (4).

Evidence

(From Pages 6-8 of the Rules of Procedure) any type of proof presented by the parties at a dispute resolution proceeding in support of the case, including:

written documents, such as the tenancy agreement, letters, copies of emails, receipts, pictures and the sworn or unsworn statements of the witnesses;
photographs, video recordings, audio recordings; and
oral statements of the parties or witnesses given under oath or affirmation.

Greenhouse gas

(From Section 21.1 of the Regulation) has the same meaning as in the Climate Change Accountability Act;

Landlord

(From Section 1 of the Act) in relation to a rental unit, includes any of the following:

the owner of the rental unit, the owner’s agent or another person who, on behalf of the landlord,
1. permits occupation of the rental unit under a tenancy agreement, or
2. exercises powers and performs duties under this Act, the tenancy agreement or a service agreement;
the heirs, assigns, personal representatives and successors in title to a person referred to in paragraph (a);
a person, other than a tenant occupying the rental unit, who
1. is entitled to possession of the rental unit, and
2. exercises any of the rights of a landlord under a tenancy agreement or this Act in relation to the rental unit;
a former landlord, when the context requires this;

Legislation (The Legislation)

The combined contents of the Act and the Regulation.

Major component

(From Section 21.1 of the Regulation) in relation to a residential property, means

a component of the residential property that is integral to the residential property, or
a significant component of a major system;

Major system

(From Section 21.1 of the Regulation) in relation to a residential property, means an electrical system, mechanical system, structural system or similar system that is integral

to the residential property, or
to providing services to the tenants and occupants of the residential property;

Party

(From Pages 6-8 of the Rules of Procedure) the applicant or respondent named on the Application for Dispute Resolution or added to the application by an arbitrator, and an officer representing a business named in the application, but does not include witnesses, family members, and other persons not named on the application. “Party” may include multiple applicants or respondents.

Precedent

(From Merriam-Webster) something done or said that may serve as an example or rule to authorize or justify a subsequent act of the same or an analogous kind

Prejudice

(From Merriam-Webster) to injure or damage by some judgment or action (as in a case of law)

(From Merriam-Webster) preconceived judgment or opinion; an adverse opinion or leaning formed without just grounds or before sufficient knowledge

Preliminary hearing

A hearing in which preliminary issues are brought forward and the format of a hearing is set. No evidence on the application is presented and the merits of the case are not considered.

Preliminary issue

Problems that aren’t necessarily to do with the application or evidence, but the procedure around them. The following may be examples of preliminary issues:

Documents not being served on time
A tenant not receiving notice of a hearing
Requesting additional documentation

Procedural fairness

(From TRAC - Participating In a Hearing) The rules about natural justice and procedural fairness apply to the dispute resolution process. According to Section 58 of the Administrative Tribunals Act, “questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted fairly.” The BC Supreme Court has also found that procedural fairness consists of two rights: the right to be heard and the right to an impartial hearing. Here are some examples of issues that may be considered breaches of procedural fairness:

you were not given sufficient notice of a hearing and therefore could not attend or adequately prepare;
the arbitrator did not allow you to speak or present your evidence;
the arbitrator did not allow you to question the opposing party;
the arbitrator relied on documentary evidence that you never received and therefore could not adequately respond to; and
the arbitrator had a personal interest in the outcome of your hearing.

Reasons

(From Pages 6-8 of the Rules of Procedure) the grounds and conclusions on which an arbitrator has based a decision, including both findings of fact and law.

Registered mail

(From Section 1 of the Act) includes any method of mail delivery provided by Canada Post for which confirmation of delivery to a named person is available;

Regulation (The Regulation)

The Residential Tenancy Regulation is related to the Act. It includes the sections related to Additional Rent Increases for Capital Expenditures.

Relevant

(From Pages 6-8 of the Rules of Procedure) evidence is relevant if it relates to or bears upon the matter at hand or tends to prove or disprove an alleged fact. Argument is relevant if it relates to or bears upon the matter at hand.

Rent

(From Section 1 of the Act) means money paid or agreed to be paid, or value or a right given or agreed to be given, by or on behalf of a tenant to a landlord in return for the right to possess a rental unit, for the use of common areas and for services or facilities, but does not include any of the following:

a security deposit;
a pet damage deposit;
a fee prescribed under section 97 (2) (k) [regulations in relation to fees];

Rental unit

(From Section 1 of the Act) means living accommodation rented or intended to be rented to a tenant;

Residential property

(From Section 1 of the Act) means

a building, a part of a building or a related group of buildings, in which one or more rental units or common areas are located,
the parcel or parcels on which the building, related group of buildings or common areas are located,
the rental unit and common areas, and
any other structure located on the parcel or parcels;

Respondent

(From Pages 6-8 of the Rules of Procedure) the landlord or tenant against whom the Application for Dispute Resolution has been made; sometimes called the “other party.”

In the context of an Application for Additional Rent Increase for Capital Expenditures, the tenant is the respondent.

Schedule (Reschedule)

(From Pages 6-8 of the Rules of Procedure) the act of the Residential Tenancy Branch, at the time an application is made, designating a time, date, and place for the dispute resolution hearing to be commenced, including a determination whether the dispute resolution hearing will be conducted by conference call, through written submissions or in person.

Reschedule is the act of the Residential Tenancy Branch designating a different time, date, and place for the dispute resolution hearing to commence or be reconvened, including a determination whether the rescheduled dispute resolution hearing will be conducted by conference call, through written submissions or in person.

Serve (Service)

(From Pages 6-8 of the Rules of Procedure) the formal legal manner of giving a party required documents and evidence as set out in the Act.

Service or facility

(From Section 1 of the Act) includes any of the following that are provided or agreed to be provided by the landlord to the tenant of a rental unit:

appliances and furnishings;
utilities and related services;
cleaning and maintenance services;
parking spaces and related facilities;
cablevision facilities;
laundry facilities;
storage facilities;
elevator;
common recreational facilities;
intercom systems;
garbage facilities and related services;
heating facilities or services;
housekeeping services;

Specified dwelling unit

(From Section 21.1 of the Regulation) means

a dwelling unit that is a building, or is located in a building, in which an installation was made, or repairs or a replacement was carried out, for which eligible capital expenditures were incurred, or
a dwelling unit that is affected by an installation made, or repairs or a replacement carried out, in or on a residential property in which the dwelling unit is located, for which eligible capital expenditures were incurred.

Substituted service

(From Pages 6-8 of the Rules of Procedure) an alternative method of service authorized by an arbitrator where the party has made reasonable efforts to serve but has been unable to serve documents, notices, or decisions in accordance with the Act.

Tenancy

(From Section 1 of the Act) means a tenant’s right to possession of a rental unit under a tenancy agreement;

Tenancy agreement

(From Section 1 of the Act) means an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit;

Disclaimer

This site has been created by tenants, for tenants, to help them fight against improper applications and ineligible expenditures. I am not a lawyer. This is not legal advice. It is provided for informational purposes only, and will always be evolving.

See something that’s incorrect? Is there something that you think should be added? Do you have questions for a fellow tenant? Email me at [email protected]!