Off Campus Housing

Application to the Director

The application to Director is a form issued by the Residential Tenancy (Form "D") , which may be completed when an landlord and a tenant are unable to resolve a conflict on their own. The form is available at any Access Nova Scotia office in the Province or from the Service Nova Scotia & Municipal Relations web site. There is a $10.00 fee for filing the application. Please visit " Exploring your Options for Resolving Disputes" available on-line from Access Nova Scotia.

The purpose of the Application is to determine a question arising under the Residential Tenancies Act; or when alleging a breach of a lease or a contravention of the Residential Tenancies Act.

Information included on or with the Application

  1. The names and addresses of the landlord and tenant involved.
  2. A copy of the lease (if there is one) and documents that have something to do with the complaint.
  3. The amount of rent for the unit.
  4. Date for when the tenancy started.
  5. Details concerning whether a copy of the lease and a copy of the Act were given to the tenant.
  6. The date that the tenancy is to end or the date that it ended.
  7. The amount, if any, and the period of any rent owning.
  8. Any other money owing (damages/compensation). Include a breakdown with copies and receipts and/or written estimates.
  9. If you are filing for repairs, include details concerning the repairs that are needed.

You may also submit letters, statements, photographs, and invoices with your application. Videotapes (and equipment) and/or witnesses may be used as evidence at the hearing.

The person who is filing the application is referred to as the "applicant" and the person whom the application has been filed against is the "respondent".

Type of complaints?

On the application form you will indicate the matter to be investigated. Once the application is filed, it will deal only with those issues indicated on your application form. The choices on the application include:

  • Termination of tenancy
  • Payment of Money
  • Any action by landlord or tenant
  • Disposition of a security deposit
  • Repairs
  • Payment of rent in trust
  • Compliance with a lease

You may also indicate the details of the claim.

Once the Application Has Been Filed

Once you have signed, dated and filed the application, a staff member will assign a file number, a name of the contact information in the office, and a hearing date. A tenancy officer will be assigned to the file. The papers for the applicant and for the respondent are then prepared. The applicant is responsible for the service of documents to the respondent and for proving that the Respondent received the application.

Service of all documents may be made in person or by someone else that you know; Registered Mail; or Courier Service - if the person serving the documents swears to an affidavit of service.

The affidavit of service shows the name of the person who served the document, place, date and time of service. The form must be signed in the presence of a commissioner of oaths (a representative from the Access Center). The proof of service is required for the hearing to proceed.

If you send the documents by Registered Mail or Courier Service, you must get a signature card showing proof of service. The person being sent the application is the only one who can sign for the registered mail. You should make the post office aware that you require a signature card and indicate the person who is to sign for it.

Once the applicant has provided proof of service to the tenancy officer, the officer will investigate and attempt to mediate the dispute. The investigation includes gathering information, statements and evidence through telephone calls, interviews, and inspections.

The officer will carefully examine all the details of the complaint, review the evidence and information provided by the applicant when filing the application, and any further information provided by the applicant or the respondent.

Mediation is a confidential process through which the Residential Tenancy Officer will encourage and assist tenants and landlords to discuss their problems. If the mediation process in not successful the officer will hear the matter and make a director's note.

The Hearing

The Residential Tenancy Officer will conduct Mediation and Hearings, and all parties are expected to prepare evidence to the best of their ability. The steps the officer will follow during the hearing:

  • All presenting parties will be sworn in, as all testimony is taken under oath.
  • The applicant will normally present their information first.
  • The respondent will be given the opportunity to ask questions regarding the applicant's information.
  • The respondent will then present his or her information.
  • The applicant will be given the opportunity to ask questions regarding the respondent's information.

All information and questions are directed to the Officer during the hearing. At the end of the hearing the officer will inform all parties involved when the director's order will be available for pick up. If a party in unable to pick up the order, one will be mailed to him or her.

Appeal

The director's order may be appealed by either, or both, the applicant or respondent within ten days from the signing date of the order. An appeal is filed in the same office as it was heard.

Once an appeal form has been filed, a staff member will schedule a hearing date for the matter to be heard. The person filing the appeal is responsible for serving a copy of the appeal to the other party and to return to the office a completed affidavit of service. The appeal forms must be served within five days.

If an appeal has not been filed within 10 days from the signing date of the director's order, either party can request that the director's order be made a court order. A judge is required to sign a court order. Once the judge signs the decision it becomes an order of the Courts. The Court Order will then be sent to both parties. The person who the order is in favour of is required to have the order carried out by using the sheriff. You will require either an execution order or a recovery order or both. The execution order forms are available at Access Nova Scotia offices. You may seek legal advice in filling out an execution form. If a party is seeking a recovery order, Business and Consumer Services recommends that you seek legal advice.

Things to Consider

Before you file an application to director you should consider the following:

  • Have you made every effort possible to resolve the conflict between the landlord/tenant yourself?
  • Are the matters considered to be a landlord/tenant problem?
  • Do you have enough evidence to support your complaint?
  • If you are seeking payment of money, and if you are awarded money, do you have a reasonable chance of collecting from the person?
  • Can you find and serve papers on the person you are filing against?

For more information, visit the Nova Scotia Access Page and Frequently Asked Questions.

After the Hearing: What Now?

 


This page last modified Thursday, 23-Feb-2012 10:59:41 AST