A 91大黄鸭 property manager is calling for changes to how B.C.鈥檚 Residential Tenancy Branch (RTB) handles dispute resolutions.

Kevin Cheale is with REMAX/Realty Solutions and has been a property manager in the Okanagan for the past 22 years. He contacted Capital News after reading an article about a single mother in West 91大黄鸭 who has been fighting to get a damage deposit back from a former landlord for the past two years.

A dispute, among various other issues, is something he sees all too often.

鈥淭hey鈥檙e (RTB) definitely doing what they are supposed to, be a resource for landlords and tenants,鈥� said Cheale. 鈥淚鈥檝e always had difficulties with the RTB on dispute resolutions, defending landlords and owners.鈥�

However, Cheale said over the last three to five years he has seen a shift from landlords calling for help to more tenants calling for assistance. Cheale has been involved in 250 to 300 dispute resolutions and added it鈥檚 clear to him the RTB makes things difficult.

鈥淭hey delay these cases for so long that they鈥檙e hoping people lose interest or, you know, is all this hassle really worth it?鈥�

Cheale added it has reached a point where he warns tenants about trying to resolve a dispute through the RTB.

鈥淢y first suggestion is to say forget about it, you鈥檙e fighting a losing battle,鈥� he said. 鈥淚t鈥檚 going to take six months. They (the landlord) could possibly counter file against you. Would you rather just walk away? It is extremely disheartening.鈥�

Read More: Single mom out $1K after landlord dispute with former West 91大黄鸭 mayoral candidate

Cheale recounted a dispute resolution hearing in 2018 when a tenant was trying to have a damage deposit returned from a landlord, and was chided for asking questions.

鈥淪ome arbitrators do not like you asking them questions, they think you鈥檙e challenging their authority,鈥� he said. 鈥淭he arbitrator was very upset.鈥�

Cheale said the exchange was followed up a week later via an email from the RTB director threatening him with fines if he was ever verbally abusive with an arbitrator again.

鈥淎ll I did was was ask questions,鈥� he said. 鈥淗ere鈥檚 the government of B.C. telling me that I鈥檓 being verbally abusive to one of their arbitrators. I had no defense.鈥�

Cheale is currently helping a tenant who is being sued for damages resulting from a leak in a house owned by a landlord. Cheale said the tenant reported the problem immediately, but the landlord took months to repair it.

鈥淪he (the landlord) sent him a restoration company. They got rid of all the hazardous materials but left it, not renovated, just left it bare.鈥�

Cheale added it was a couple of months later that the tenant received an eviction notice that was incorrectly served. The tenant is being sued for $40,000.

Regarding what he would like to see changed at the RTB, Cheale said the list is long.

鈥淭he RTB needs to meet with property managers, landlords, people like me who have been in this industry who have seen a lot of different scenarios and they need to listen,鈥� he said.

鈥淭hey haven鈥檛 been forced to evict a family who can鈥檛 come up with rent. They just don鈥檛 know what it鈥檚 like.鈥�

Black Press Media has reached out to RTB for comment but did not receive a reply by publication.

Read More: Landlord ordered to pay $11K after harassing B.C. mom to move days after giving birth

gary.barnes@kelownacapnews.com
Like us on and follow us on and subscribe to our daily and subscribe to our daily newsletter.