Orders of Possession in BC: Bailiff Costs, Writs of Possession, and the Consequences of Not Moving Out
When a landlord obtains an Order of Possession from the Residential Tenancy Branch (RTB), it represents a significant turning point in a tenancy dispute. The RTB has determined that the landlord is legally entitled to possession of the rental property.
However, some tenants remain in the property because they disagree with the decision, require additional time to find housing, or believe that the landlord cannot force them to leave.
This can be a costly misunderstanding.
Once an Order of Possession becomes enforceable, a landlord generally does not need the tenant’s agreement to proceed with an eviction. If the tenant refuses to leave, the landlord can seek enforcement through the BC Supreme Court, potentially resulting in an authorized court bailiff physically removing the tenant.
Importantly, the tenant may ultimately be responsible for the costs of that enforcement.
What Happens When a Tenant Refuses to Leave?
An Order of Possession is legally binding, but a landlord cannot simply change the locks, remove the tenant’s belongings, or physically evict the tenant.
Under section 57(2) of the Residential Tenancy Act, a landlord must obtain a Writ of Possession from the BC Supreme Court before taking actual possession of an occupied rental unit.
The process is relatively straightforward:
Serve the Order of Possession. The landlord must properly serve the tenant and allow the applicable review period to expire. Tenants generally have two days after receiving the order to apply for RTB review consideration.
Obtain a Writ of Possession. If the tenant does not vacate and the order remains enforceable, the landlord can apply to the BC Supreme Court using its Residential Tenancy Act – Writ of Possession Package. The package includes a Requisition (Form 17.2), Writ of Possession (Form 52), and Affidavit of Service.
Retain an authorized court bailiff. Once the writ is issued, an authorized court bailiff can enforce it and recover possession of the property.
The Province maintains a list of authorized court bailiffs, organized by service area, which landlords can consult for availability and fee estimates. The BC government’s guide to serving and enforcing Orders of Possession also explains the enforcement process.
Although the necessary steps must be followed, tenants should not assume that obtaining and enforcing a writ will necessarily be a lengthy process.
How Much Does a Bailiff Cost, and Who Pays?
Court-enforced evictions can be expensive. Bailiff fees may include hourly charges, travel expenses, locksmiths, movers, storage, and other necessary services.
There is no single fixed cost, and the circumstances of each eviction will affect the final amount. However, bailiff expenses can easily reach several thousand dollars.
The landlord generally pays the initial enforcement expenses, including a deposit to the bailiff. However, the Province expressly recognizes that landlords may recover these expenses from the tenant, either through the lawful seizure and sale of eligible belongings or by obtaining a monetary order through the RTB.
Recovery is not automatic, and landlords must establish their entitlement to the amounts claimed.
A Real Example: $5,826.05 in Bailiff Fees
In an RTB decision dated May 24, 2024, an arbitrator awarded landlords $5,826.05 in bailiff fees incurred to enforce an Order of Possession.
The tenants argued that they would have moved voluntarily if the landlords had provided additional time. However, the arbitrator rejected that argument, finding that the tenants had remained in possession after their tenancy ended.
The arbitrator also found that the landlords were under no obligation to agree to the tenants’ request for additional time, particularly given the contentious history between the parties.
The decision illustrates an important distinction: a tenant’s desire to negotiate a later move-out date does not necessarily require a landlord to delay enforcement of an otherwise enforceable Order of Possession.
Can Tenants Challenge an Order of Possession?
Yes. Depending on the circumstances, tenants may seek review consideration through the RTB or judicial review before the BC Supreme Court.
However, these remedies have strict requirements and deadlines. Importantly, simply commencing a judicial review does not automatically prevent enforcement. A tenant may need to obtain a court-ordered stay.
Tenants who believe an Order of Possession was improperly granted should seek legal advice promptly rather than assuming that continued disagreement will prevent an eviction.
The Bottom Line
An Order of Possession is not simply another step in an ongoing negotiation. It is a legally binding determination of the right to possession, subject to applicable review and court proceedings. While landlords and tenants may benefit from negotiating a voluntary move-out arrangement, a landlord is not necessarily required to grant additional time once an order becomes enforceable.
For tenants, refusing to comply can have serious consequences. Beyond losing possession of the rental unit, they may face substantial financial liability for the costs of enforcement. For landlords, lawful enforcement requires following the proper court process and using an authorized court bailiff.
At Bright Law, we assist landlords and tenants throughout British Columbia with residential tenancy disputes, Orders of Possession, and judicial reviews. Understanding your rights and obligations before enforcement begins can help avoid unnecessary expense and uncertainty.
This article provides general legal information and does not constitute legal advice.
