RTA · Mobile Home Sites Tenancies Act
Part 5 — .1
59.3 Right to apply to Dispute Resolution Service
right to apply to a court under Part 3 for a remedy, the landlord
RSA 2000
may apply to the Dispute Resolution Service instead of the court
for the remedy, except
(a) where section 32.1 applies, or
(b) with respect to the right to apply to the Court of King's
Bench under section 35.
(2) Where a tenant has a dispute with a landlord and has a right to
apply to a court under Part 3 or to commence an action in a court
under Part 4 for a remedy, the tenant may apply to the Dispute
Resolution Service instead of the court for the remedy, except with
respect to the right to apply to the Court of King's Bench for
specific performance of a covenant under section 40(a).
(3) No application may be made to the Dispute Resolution Service
if an application to a court has been filed with the clerk of that
court by either party to the dispute
(a) for the remedy sought under subsection (1) or (2), or
(b) for any other remedy that is available under Part 3 or Part 4
to resolve a related dispute between the parties,
unless the application to the court is first withdrawn.
2020 c8 s3;AR 217/2022