This was an Application by the Applicants/Defendants, Allan and Gladue, to set aside a Notice to Vacate. The Notice to Vacate was given following an Order by the Residential Tenancy Dispute Resolution Service (“RTDRS”) for rent in arrears. The Defendants attempted to make a payment against the arrears as ordered; however, the Respondent landlord refused to accept it and served the Notice to Vacate.

The Court confirmed that refusal by a landlord to accept payment in accordance with an RTDRS Order is not only a disobedience, but it may also be contempt of Court under Rule 10.52. This avails the remedies listed under Rule 10.53 to address contempt including imprisonment, fines, or Costs awards.

The Court stated that the Respondent landlord’s refusal to accept payment in accordance with the RTDRS Order was unacceptable; however, Rule 13.48 allows money to be paid into Court in accordance with a Judgment or Order. The Respondents were then directed by the Court to pay the arrears as required by the RTDRS Order into Court in satisfaction of the Order.

The Notice to Vacate was set aside and the Applicants/Defendants were awarded their reasonable Costs.