RTB-42T – Tenant Request to Amend an Application for Dispute Resolution
Jurisdiction: Country: Canada | Province or State: British Columbia
What is an RTB-42T – Tenant Request to Amend an Application for Dispute Resolution?
The RTB-42T is a tenant form. You use it to change a dispute resolution application you already filed. It lets you correct, add, or remove information before the hearing. It also lets you change the remedies you seek. The form goes to the Residential Tenancy Branch (RTB) and to the other party.
You use this form only if you are the tenant applicant. If you filed the original application as a tenant, this is your form. If you are a landlord applicant, you use the landlord version. The form does not start a new case. It modifies an existing one with an assigned file number.
You may need this form when the facts change. You may also need it if you discover an error or new evidence. It is common to realize details need fixing after you submit. This form helps you keep your case accurate and complete. It protects your ability to present the full dispute. It also gives notice to the other party.
Typical scenarios
You might have misspelled the landlord’s legal name. You may have used the trade name instead of the legal entity. You may have typed the wrong unit number. You may have listed the wrong tenancy start date. These issues seem minor. Yet they can affect service and the outcome. The form lets you fix them.
You may also need to add or change claims. For example, you may have asked for repairs but forgot to add a rent abatement. You may want to add a claim for compensation after new damage. You may want to adjust the amount of a monetary claim as more losses occur. You can add or remove issues so your application aligns with the facts.
Sometimes you need to add or remove a party. Maybe a co-tenant should be named as a party. Maybe you learned that the property manager is not the legal landlord. You may need to add the property owner instead. The form lets you request those changes. This helps ensure the decision binds the right party.
You can also use this form to withdraw part of your application. You might resolve some issues with the landlord. You can remove those resolved items. You keep the rest of the claims alive. This clarifies the scope for the arbitrator and the other party.
In short, the RTB-42T updates your case. It keeps the record accurate. It avoids last-minute surprises. It helps the arbitrator focus on the actual issues.
When Would You Use an RTB-42T – Tenant Request to Amend an Application for Dispute Resolution?
You use this form when your filed application needs a change. The most common trigger is new information. For example, after filing, you obtain emails that show a timeline. Those emails may justify a higher claim or a different remedy. You file the amendment and attach the new details.
You also use it when you find errors. Say you notice the rent amount is off by $50. Or the tenancy start date is wrong by a month. Correcting those facts matters. The form lets you fix them before the hearing. This reduces objections and delays.
You use it when additional harm occurs after filing. Imagine you applied for a rent reduction due to a broken heater. While waiting for the hearing, the problem continues. Your losses increase, and you now seek a larger abatement. You amend your claim amount to reflect the extended impact. You explain the reason and update the math.
You use it to add or remove remedies. Perhaps you initially asked for only an order to repair. Later, you realize you also want compensation for alternative heating costs. You add that claim to the form. You explain how you calculated the amount. The arbitrator then has the full picture.
You use it to correct party names and roles. Say you named the property manager by mistake. You later learn the registered owner is the landlord. You request to add the owner and remove the manager if appropriate. This avoids enforcement issues later. It ensures any order binds the right party.
You use it if you need to add a co-tenant applicant. Maybe you filed solo, and your roommate decides to join. You request to add them as a co-applicant. This can help where both tenants seek the same remedies. It can also streamline evidence.
You use it to withdraw resolved items. Perhaps you and the landlord can settle a minor claim. You can remove that issue with this form. You keep your main claim for the hearing. This narrows the dispute and saves time.
Typical users are residential tenants. That includes renters in apartments, condos, or houses. It also includes manufactured home tenants, where the RTB has jurisdiction. Business tenants in commercial leases do not use this form. Landlords have their own version and process.
Timing matters. File the amendment as soon as you can. The earlier you file, the smoother the process. Late changes can cause delay or even refusal. The arbitrator may reschedule the hearing if needed. Your goal is to amend before evidence deadlines. Then serve the landlord promptly. This ensures fairness and avoids prejudice.
If you only notice the issue on the hearing day, you can still ask. The arbitrator may allow or deny the amendment. Be ready to explain why you did not file earlier. Also, be ready to show that the other party will not be unfairly affected. The arbitrator will decide based on fairness and the rules.
Legal Characteristics of the RTB-42T – Tenant Request to Amend an Application for Dispute Resolution
The RTB-42T itself is a procedural request. It is not a final order. It asks permission to change your application. It becomes effective only if accepted. An arbitrator can allow or deny the request in whole or in part. If allowed, the amended application becomes the operative document.
This process is governed by the residential tenancy framework. The RTB has rules that control amendments and service. These rules protect fairness. They require notice and time for a response. They also allow the arbitrator to manage prejudice. This is why you must serve the other party promptly. It ensures they can prepare.
Enforceability flows from the RTB’s authority. When an amendment is allowed, the hearing proceeds on the amended issues. The arbitrator can issue interim directions. The arbitrator can also reschedule the hearing if needed. The final decision then addresses the amended claims. That decision is binding on the parties. You can enforce an order through the usual enforcement steps.
Your request must be clear and specific. Vague or sweeping changes may not be allowed. The arbitrator will weigh the timing and impact. They will consider whether the change is necessary to resolve the dispute. They will also look at fairness to the other party. If the change introduces entirely new matters, it may be refused. You may be told to file a new application for those issues.
Amendments do not create a new case. They adjust the existing file. The file number does not change. Any fee for the original application remains as is. If you seek different remedies, the arbitrator may ask questions about the scope. You should be ready to explain why the changes fit the same dispute.
You cannot use this form to appeal a decision. If you already have a decision, use the review process if available. The amendment form is only for pending applications. It cannot undo a concluded hearing or order. It cannot extend deadlines that have already passed.
Service rules still apply. You must serve the landlord with the amendment. You must do so within the timelines for your hearing. Keep proof of service. The arbitrator may ask for it. Failure to serve can undermine your request. It can also lead to the delay or dismissal of the amendments.
How to Fill Out an RTB-42T – Tenant Request to Amend an Application for Dispute Resolution
Follow these steps to complete the form and support it properly.
1) Gather your original file details.
- Find your RTB file number. It is on your Notice of Dispute Resolution Proceeding.
- Confirm the scheduled hearing date and time, if set.
- Review your original application to identify exact items to change.
2) Identify what you want to amend.
- List each correction or addition in plain language.
- Separate facts, parties, and remedies.
- Example: “Correct landlord legal name to ABC Holdings Ltd.”
- Example: “Increase compensation claim from $300 to $650 due to ongoing loss.”
3) Explain why the amendment is needed.
- Provide short reasons for each change.
- Stick to facts. Avoid argument at this stage.
- Example: “Discovered new invoices dated after filing.”
- Example: “Confirmed registered owner through land records.”
4) Update party information.
- Confirm the full legal names of all parties.
- Add or remove parties only if needed for the dispute.
- Include the tenancy address and unit number exactly as on the tenancy.
5) Update issue and remedy details.
- Specify each issue you are adding, changing, or withdrawing.
- State the remedy you seek for each issue.
- If you increase a monetary claim, show the calculation.
- Break down amounts by month or category if helpful.
6) Attach supporting documents for the amendment.
- Include documents that justify the change.
- Examples: invoices, emails, photos, payment records, ownership records.
- Label each document clearly with dates.
- Keep documents relevant to the new or changed claims.
7) Complete the form fields accurately.
- Enter the RTB file number at the top.
- Fill in your contact details and your preferred communication method.
- Confirm the hearing date if one is scheduled.
8) Draft clear amendment statements.
- Use one statement per change.
- Keep each statement short and specific.
- Avoid vague phrases like “and anything else.”
- Make sure the statements align with your evidence.
9) Sign and date the form.
- The applicant tenant must sign.
- If there are co-tenants as applicants, have each sign.
- Use the date you sign as the effective date of the request.
10) Prepare a service package for the landlord or respondent.
- Include the completed RTB-42T form.
- Include any new or updated evidence you rely on.
- Include a short cover note listing the enclosed documents.
- Keep a copy of everything you send.
11) Serve the amendment package.
- Use an accepted method of service.
- Aim to serve as soon as possible.
- Follow the service timelines in your notice of hearing.
- Keep proof of service, such as a receipt or declaration.
12) File the amendment with the RTB.
- Submit the completed form and attachments to the RTB.
- Use the same file number and reference the hearing date.
- Include your proof of service if available.
- Confirm receipt and keep the confirmation for your records.
13) Update your evidence list.
- Add the amendment and new documents to your evidence index.
- Make sure your evidence is paginated and organized.
- Replace outdated documents with corrected versions if needed.
14) Prepare to address the amendment at the hearing.
- Be ready to explain why the change is necessary.
- Be ready to show that the landlord had fair notice.
- Bring proof of service and your amended evidence packet.
15) Anticipate possible outcomes.
- The arbitrator may allow all changes.
- They may allow some and refuse others.
- They may reschedule the hearing if more time is needed.
- They may give directions about evidence deadlines.
16) If the amendment is denied in part.
- Be ready to proceed with the original issues.
- You may need to file a new application for new matters.
- Ask for guidance on next steps if you are unsure.
17) If withdrawing an issue.
- State clearly which issue you withdraw and why.
- Confirm you still want to proceed with the remaining issues.
- Adjust your evidence to remove withdrawn items.
18) If adding a co-tenant as an applicant.
- Confirm they sign the form as well.
- Align your facts and remedies to avoid conflicts.
- Serve the landlord with the updated party list.
19) If changing the landlord respondent.
- Provide the correct legal entity name.
- Explain how you confirmed the correct party.
- Serve both the previously named party and the new party, if instructed.
20) Keep your communications professional and concise.
- Use clear language in all documents.
- Avoid accusations. Focus on facts and remedies.
- This strengthens your credibility before the arbitrator.
Practical tips to avoid problems:
- File early. Do not wait until just before the hearing. Early filing helps the arbitrator and the other party prepare.
- Be specific. Vague amendments cause confusion. Name the exact paragraph, amount, or issue you are changing.
- Link evidence. Tie each amendment to a document or fact. This shows the change is grounded in evidence.
- Respect service timelines. Late service risks refusal or adjournment. Check your notice of hearing for deadlines.
- Avoid overloading. Do not try to add unrelated disputes. Keep your amendments within the scope of the tenancy and case.
- Keep copies. Save a complete set of what you filed and served. Bring a copy to the hearing.
Examples of strong amendment statements:
- “Correct rent amount from $1,450 to $1,500 effective March 1. See attached rent receipts.”
- “Add claim for $310 for space heaters. Costs incurred after filing due to ongoing heat loss.”
- “Add ABC Holdings Ltd. as respondent. Confirmed as registered owner. See ownership record.”
- “Withdraw claim for window repair costs. Issue resolved on April 10. See settlement emails.”
Formatting guidance:
- Use short, numbered paragraphs for each change. This helps the arbitrator track the amendments.
- Use headings like “Party Change,” “Issue Change,” and “Remedy Change.” This makes the review easier.
- Put new or changed amounts in bold on your working copy. Ensure the official form remains clean and readable.
At the hearing, the arbitrator will confirm the status of your request. They may ask when you served the amendment. They may ask why you filed when you did. Have your service proof ready. Have your reasoning clear and brief. If allowed, the hearing proceeds on the amended application. If not, the hearing proceeds on the original scope.
The RTB-42T is a simple tool with big impact. Used well, it keeps your case accurate and fair. It signals respect for process and for the other party’s right to respond. That approach helps you present your strongest case.
Legal Terms You Might Encounter
Amendment: An amendment is a change to your original application. You use this form to ask for permission to change facts, claims, or parties. The decision-maker must accept your amendment before it becomes part of your case.
Applicant: The applicant is the person who filed the original application. On this form, that is you. Your name must match the original file. If it changed, explain why.
Respondent: The respondent is the person you filed against. You can ask to add or remove a respondent in your amendment. You must explain how the change affects notice and fairness.
Dispute Resolution: This is the hearing process where an arbitrator decides the dispute. Your amendment request asks to adjust what will be heard at that session. Timing affects acceptance.
Arbitrator: The arbitrator is the decision-maker at the hearing. They decide whether to accept your amendment. They consider fairness, timing, and potential prejudice to the other party.
Evidence: Evidence is what you use to prove your claims. If your amendment adds new issues, you may need new evidence. Plan how and when you will serve it.
Service: Service means delivering documents to the other party using an accepted method. If your amendment is allowed, you must serve the amended materials. Keep proof of how and when you served.
Remedy: A remedy is what you want the decision-maker to order. You can ask to amend the remedy you seek. Explain why the change is needed and how it relates to your tenancy.
Deadline: A deadline is the last day to complete a step. Your Notice of Dispute Resolution Proceeding lists key deadlines. Amendments that affect hearing fairness may be denied if they are late.
Adjournment: An adjournment is a rescheduling of the hearing. A late amendment request may require one. Be ready to explain why delaying the hearing is necessary and reasonable.
FAQs
Do you need permission to amend your application?
Yes. You need approval before any change becomes part of your case. Use this form to explain what you want to change and why. The decision-maker will weigh fairness, timing, and impact on the other party.
Do you have to pay a fee to amend?
A fee may apply, depending on the nature and timing of your amendment. The fee policy can change. Confirm current requirements before you submit. If there is a fee, keep the receipt in your file.
Do you need the landlord’s consent to amend?
No, but the decision-maker will consider the landlord’s position. If your change affects what they must respond to, they must have a fair chance to prepare. Expect to serve your amended materials and allow time.
Do you need to re-serve your evidence if you amend?
If your amendment changes your claims, facts, or remedies, you likely need to serve updated materials. That may include the amended application and new evidence. Use an accepted service method and keep proof of service.
Can you amend close to the hearing date?
You can ask, but late amendments risk denial. The decision-maker may refuse or require an adjournment. If you learn new facts late, explain when and how you learned them. Show why the timing is reasonable.
Can you correct typos without a formal amendment?
If the typo does not change the substance, it may be noted at the hearing. If it affects dates, amounts, names, or remedies, file an amendment. When in doubt, use the form to be safe.
Can you add a new claim that was not in your original application?
You can request it, but approval is not guaranteed. You must explain why the claim could not have been included earlier. The decision-maker will consider fairness and prejudice to the other party.
Do you need to attend the hearing if your amendment is pending?
Yes. Attend the hearing unless told otherwise. Bring the filed amendment, proof of service, and all evidence. The arbitrator can decide on the amendment at the hearing and give the next steps.
Checklist: Before, During, and After
Before signing: Information and documents you need
- Your original application and file number. You must match the file exactly.
- Your Notice of Dispute Resolution Proceeding. It lists hearing details and deadlines.
- A clear list of what you want to change. Be specific about claims, facts, remedies, or parties.
- A short explanation for each change. Explain why it is necessary and timely.
- Updated evidence that supports the change. Include dates, amounts, and documents.
- Contact details for all parties. Confirm current addresses and emails.
- Proof of prior service and filings. You may need to show your service history.
- Calendar with the hearing date and any service deadlines. Plan backwards from those dates.
- Payment method, if a fee may be required. Be ready to pay promptly.
- A safe place to store copies. Keep a clean, complete set for the hearing.
During signing: Sections to verify
- Your name and contact information. Match the original application exactly.
- The file number and hearing details. Ensure accuracy to avoid misfiling.
- The specific amendments. Use precise language and avoid vague wording.
- The reasons for the amendment. State clear facts, not conclusions.
- Any new remedies sought. Link each remedy to specific facts and evidence.
- Any party changes. Provide full names and roles, and explain why.
- The list of attached documents. Number pages and label exhibits clearly.
- Your signature and date. Ensure the correct person signs and dates the form.
- Declaration or certification wording. Confirm you understand the statements.
- Privacy details. Remove sensitive personal information that is not required.
After signing: Filing, notifying, and storing instructions
- File the form using an accepted method. Confirm the correct office or system.
- Note the date you filed. Add it to your case timeline.
- Serve the other party with the filed amendment. Use an accepted service method.
- Keep proof of service. Save tracking, confirmations, or affidavits.
- Update your evidence package. Include any new documents tied to the amendment.
- Prepare a short summary of changes. Bring it to the hearing for clarity.
- Re-check deadlines before the hearing. Adjust your plan if the service was late.
- Monitor for responses from the other party. Save any reply in your file.
- Bring the amended application to the hearing. Include two extra copies.
- After the hearing, store all decisions and directions. Follow any new orders about service or timelines.
Common Mistakes to Avoid
Filing an amendment too late
Don’t wait until the last moment. Late requests may be denied or delay your hearing. That can weaken your position and risk dismissal of new claims.
Being vague about what you want to change
Don’t say “update details” without specifics. Ambiguous requests create confusion. The decision-maker may refuse unclear amendments.
Failing to serve the amended materials
Don’t forget to serve the landlord properly. Without proof of service, your amendment may not be heard. It can also lead to adjournments.
Adding new claims without reasons
Don’t add new claims without explaining why they were missing earlier. You must show fairness and timing. Otherwise, the request may be refused.
Mixing corrected facts with new allegations
Don’t bury a new claim inside a “correction.” Separate clean corrections from substantive changes. Label each clearly and attach supporting evidence.
What to Do After Filling Out the Form
File the form promptly. Use an accepted filing method and keep proof of submission. Record the filing date and time on your case timeline.
Serve the other party with the filed amendment. Include any updated evidence. Choose a service method that you can prove. Keep all delivery confirmations.
Track deadlines. Check your hearing notice and any directions you receive. Amendments often affect service and response timelines. Adjust your plan accordingly.
Wait for confirmation or direction. You may receive a decision before the hearing or at the hearing. Follow any instructions about next steps or additional service.
Prepare for both outcomes. If approved, your amendment becomes part of the case. If refused, proceed with your original application. Bring both versions to the hearing to avoid confusion.
Organize your documents. Assemble the amended application, proof of filing, proof of service, and updated evidence. Create a contents page and number all pages.
Communicate with the other party as needed. If the amendment changes the issues, consider a brief cover note that explains the change. Keep communications professional and factual.
Update your witness plan. If the amendment adds facts, consider whether you need a witness. Confirm their availability and how they will attend.
Review your remedy requests. Ensure each requested order matches the amended facts. Prepare a short outline that links facts, evidence, and remedies.
Attend the hearing ready to address the amendment. Be prepared to explain why the change is necessary and fair. Have your service proof and timeline at hand.
Follow any post-hearing directions. If told to re-serve or file more evidence, do it promptly. Update your file and calendar with new dates.
Store everything securely. Keep a complete set of documents and decisions. You may need them for compliance or future applications.