What is an application to director?

It is a form issued by the residential tenancy division, to be completed when a landlord or a tenant cannot resolve their differences. The forms are available at any Access Nova Scotia offices in the Province. There is a $27.21 filing fee.

How do I file an application to director?

You visit your nearest Access Nova Scotia office. You will be given a form to complete. The form is also available on-line, but must be submitted in person.

What do I need when I file an application to director?

1. The names and addresses of the landlord/tenant involved.
2. A copy of the lease, if there are one, and copies of any other documents that have anything to do with the complaint.
3. The amount of rent for the unit.
4. Dates for when the tenancy started or ended.
5. The amount of any security deposit paid.
6. Details concerning whether a copy of the lease  and a copy of the Act were given to the tenant.
7. Details concerning whether a notice to quit was given to the landlord or tenant, and if so when and how.
8. The date the tenancy is to end or the date it ended.
9. If rent is owing, details about the amount owing and dates for what rental period it is owed. 
10. If there is other money owing (damages/compensation), details showing a breakdown of the amounts with copies of receipts and/or written estimates.
11. If you are filing for repairs, details concerning the repairs that are needed.

Who is an applicant?

The person who is filing the application.

Who is a respondent?

The person whom the application has been filed against.

When filing an application do I have certain choices?

Yes, the application has a number of items you can request, BUT remember the application will only deal with what you have on your application form. The choices on the application form are:

• 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

  OR

• review of notice of rent increase (APPLIES ONLY TO MOBILE HOME PARKS)

Is there a cost for filing an application to director?

Yes, the cost is $27.21.

After I complete the application to director and give it to a residential tenancy staff member what happens?

The staff member makes sure the form has been completed correctly and all the necessary information/documents are attached. The staff member will assign a file number, the name of the contact person in the office, and a hearing date. The papers for the applicant and for the respondent are prepared. The person filing the application is responsible to serve the other party. The papers can be delivered by registered mail or served personally if the person serving the papers swears to an affidavit of service.

Personal Service - can be done by the applicant or the applicant can get someone (friend, relative or someone else) to do the service but whoever does the personal service must complete the affidavit of service form, swearing that personal service was done. The form (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 (many of whom are available at the Access Centers). The proof of service is required for the hearing to proceed.

Registered Mail - this is done through the post office and when you are sending the application by mail, 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 advise them who must sign it.

What is an affidavit?

It is when a person states in the presence of a commissioner of oaths that the information or statement is correct and signs the document in the presences of the commissioner of oaths.

What happens after you file the application?

The applicant (person who filed the application) is responsible to provide proof of service as outlined above to the tenancy officer who has been assigned the file. Their names and how to contact them will be on the application form when it is completed by the staff member. The officer will investigate, attempt to mediate and if not successful will hear the matter and make a director's order.

What happens if you are the respondent who has received a copy of the application to director?

It is important that you take time and read over the application. It contains information relating to the problem and what the other party is seeking. There is an attached information sheet explaining the process along with the name and phone number of the contact person who has been assigned the file. It is recommended that you contact this person to answer any questions you have before starting mediation.

What is investigation?

It is the gathering of information, statements and evidence through telephone calls, interviews and inspections.

How does the officer investigate?

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

What is mediation?

Mediation is a confidential process through which the Residential Tenancy Officer will encourage and assist tenants and landlords to discuss their problems. The goal of this process is to find possible solutions to those problems.

Mediation can take place at meetings, during conference calls, or during separate telephone conversations. The officer/mediator is a neutral third party in these discussions.  The officer does not take sides or pass judgment during mediation, but rather helps the tenant and landlord reach their own agreement. 

What are the DOs and DON'Ts of a mediator?

A mediator does:

• focus on helping the landlord and tenant solve the problem
• oversee the discussion, identify the common ground, and help the landlord and tenant look at possible solutions
• make sure the agreement is allowed under the Act
• keep discussion going

A mediator doesn't:

• decide who is right or wrong during mediation
• solve the problem
• offer legal advice
• judge guilt or innocence during mediation
• take sides

What is a hearing?

A meeting where a claim is decided on. The applicant and respondent attend the hearing and present all their information to the officer. The steps the officer will follow during the hearing are:

• the parties presenting information will be sworn in as all testimony is taken under oath or is affirmed.
• the person who filed the application will normally provide their information first
• the respondent will be given the opportunity to ask questions regarding the applicant's information
• the respondent then presents his or her information
• the applicant is given the opportunity to ask questions regarding the respondent's information.

All information and questions are directed to the Officer.

The officer is responsible to maintain control during the proceeding. At the end of the hearing the officer will tell the parties present when the director's order will be available for pick up. If a party to the hearing does not pick up a copy of the director's order one will be mailed. IMPORTANT - the time limit to appeal the decision is 10 days from the signing date so you may want to come in to pick up the decision.

What happens if the respondent does not attend the hearing?

The officer will check to ensure the respondent has been served with a copy of the application to director. If the respondent has been served and does not attend the hearing or send representation, the officer will proceed with the hearing and hear the evidence presented by the applicant.

What happens if the applicant does not attend the hearing?

The officer will check to ensure the applicant has been served with a copy of the application to director. If the applicant has been served and does not attend the hearing or send representation, the officer will dismiss the application as the party filing the application did not attend the hearing.

What is considered to be evidence?

Copies of leases, receipts, written estimates, statements, sworn statements, a person or witness giving their oral testimony at the hearing, or photographs that relate to the premises in question. Video evidence is accepted but equipment to view the tapes must be supplied by the party presenting the evidence. NOTE: Three copies of documents are to be provided at the hearing (applicant, respondent and officer).

What is a director's order?

The officer who has heard the application to director is responsible to prepare a director's order (decision) based on the evidence presented at the hearing. The officer usually will have their director's order ready within seven days of the date of the hearing but has up to 14 days to do so.

Can the director's order be appealed?

Yes, either the applicant or respondent, or both can file an appeal to the Small Claims Court within ten days from the signing date of the director's order. The appeal is filed in the Small Claims Court that serves your area. The party filing the appeal is responsible to personally serve the other party and the Director of Residential Tenancies, and swear out an affidavit that it was done.

Is there a fee for filing an appeal to the small claims court?

Yes. The fees range from $26.50 to $160.00 depending on the value of the original application and/or the type of issue involved.

What happens if the director's order is not appealed?

If no appeal is filed within the 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.

What is a court order?

The officer will endorse the Director's order and send it to the Small Claims Court. It then becomes an order of the Small Claims Court. Then a copy will be sent by mail from the Court to both parties. The person who the order is in favour of then may request enforcement activities.