Tenancy A-Z

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E

Enforcement of a mediator’s order or Tenancy Tribunal order

The Tenancy Tribunal must first seal a mediator’s order before it can be enforced. The Tribunal can only seal orders within 6 months of them becoming final orders. Once sealed, they are effectively Tenancy Tribunal orders.  

A Tenancy Tribunal order can be enforced by a private debt collector or by the Collections Unit at the District Court . Fees paid to private debt collectors are not recoverable from the person who owes the debt. Fees paid to the Collections Unit are recoverable. If the debt is for more than $3,000, interest on the debt may also be recoverable.

To have an order enforced through the Collections Unit, a current address for the debtor must be supplied. If their whereabouts is unknown, the Tenancy Services’ Compliance Unit may be able to locate one. To have a search done, complete a request for release of address information form [PDF 120 KB, 2 pages] and send it to the address at the bottom of the form along with a photocopy of the Tenancy Tribunal Order. If an address can be found it may be given to the Collections Unit to assist with the enforcement of the order. The applicant will be notified whether or not an address could be found.

Entry into the premises

The landlord may enter into the premises with the consent of the tenant, with notice, pursuant to a Tenancy Tribunal order, or without consent or notice in an emergency. 

Landlords do not need to give notice to enter onto the grounds or into facilities. They do have to avoid unreasonably interfering with the tenant’s peace, comfort and privacy in use of the property. 

To inspect the property, the landlord must give at lease 48 hours’ notice. This cannot be given more that 14 days ahead of time. Only one inspection can be done in any period of 4 weeks. Inspections must be conducted between 8 am and 7 pm.  

To carry out necessary repairs or maintenance, the landlord needs to tell the tenant the reason for entry and give the tenant at least 24 hours’ notice. Repairs should be done between 8 am and 7 pm.  

To show the property to prospective tenants, purchasers or a registered valuer that is engaged in the preparation of a report, the landlord needs the prior consent of the tenant to enter the property at any reasonable time. The tenant cannot unreasonably refuse consent but may attach reasonable conditions to their consent. 

The landlord must not use force or threat of force to enter or attempt to enter the property while the tenant, or any other person with the tenant’s permission, is in the premises. A landlord who does this may be liable for a fine or imprisonment.