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Enforcement is an important function of the RTB. When landlords, tenants and third parties access the RTB dispute resolution service through mediation, adjudication, or tribunal, they receive a legally binding Determination Order.
When non-compliance with a Determination Order is reported, the RTB can assist parties who are seeking compliance in one of three ways:
- Facilitating compliance with the Determination Orders;
- Parties seeking their own Order Enforcement proceedings to Court;
- RTB assistance for Order Enforcement proceedings to Court.
1. Facilitating compliance with Determination Orders
In most cases, parties comply with the terms of their Determination Order. However, when this is not possible, the RTB can assist by facilitating the payments of amounts owed under a Determination Order from parties in dispute. In certain cases, the RTB can provide specially trained persons to assist parties to facilitate compliance.
2. Providing documents for parties to bring their own proceedings
Where a party wishes to bring their own district court enforcement proceedings, they can submit a request to the RTB for all relevant case-papers that they will need to bring enforcement proceedings in the district court. On receipt of such a request, the RTB will prepare copies of all relevant documentation, including relevant postal records, and issue them to the requesting party seeking compliance usually within 7 days of receipt of the original request. The RTB also provides a guide to taking enforcement (the Guide) in the district court (link below) as well as template court documents that parties, or their legal representative, can use when preparing their case for court as contained in the Guide.
3. RTB assistance for Order Enforcement proceedings to Court
In certain cases, the RTB can assist parties seeking enforcement. To avail of this option, a party seeking compliance must complete an Order Enforcement Application Form (see below link for OE application). The circumstances of a case must meet the criteria given in the Board’s Policy for Enforcement for an application to be eligible for Legal Assistance (see link to policy below).