How to Appeal a Landlord and Tenant Board Decision in New Brunswick

If you are a tenant in New Brunswick who disagrees with a decision made by the Residential Tenancies Tribunal (RTT), you have the right to challenge it through an appeals process. Understanding your rights, timelines, and next steps can help you protect your interests and ensure a fair outcome.

Who Handles Tenancy Disputes in New Brunswick?

In New Brunswick, residential tenancy disputes are handled by the Residential Tenancies Tribunal (RTT). This official body oversees applications from both tenants and landlords, and their decisions are legally binding unless appealed through the proper channels.

Understanding the Appeals Process in New Brunswick

When the RTT issues a decision (also known as an ‘order’), tenants have a limited time to challenge it. In most cases, appeals are made to the New Brunswick Court of King's Bench, rather than to the RTT itself. Tenants must act quickly and follow specific procedures to begin the appeal process.

Timeline for Filing an Appeal

• Deadline: You have 7 days from the date the Residential Tenancies Tribunal renders its decision to file an appeal.

Missing this deadline can result in your right to appeal being lost.

Which Decisions Can Be Appealed?

Most final decisions and orders by the RTT may be appealed. Issues that commonly lead to appeals include eviction, return of deposits, rent adjustments, or orders regarding repairs or maintenance. However, some administrative matters cannot be appealed. If unsure, check your order or contact the Tribunal for details.

How to Appeal: Forms and Steps for Tenants

The appeal process in New Brunswick involves the court system, not simply a ‘review’ by the Tribunal. Here's how tenants should proceed:

Step 1: Obtain and Complete Required Forms

• Notice of Appeal: There is no special tribunal-provided form. Instead, you must file a formal "Notice of Application" with the Court of King's Bench, stating you are appealing an order of the Residential Tenancies Tribunal (see Form 16B: Notice of Application (PDF) on the Government of New Brunswick Courts Forms site).
• Supporting Documentation: Attach a copy of the Tribunal’s written decision and any supporting documentation you used at the original hearing.

Example: If your landlord successfully obtained an order for eviction and you believe the decision was made in error, you would file the Notice of Application and include the Tribunal's decision as an exhibit.

Step 2: File Your Appeal

• Submit your Notice of Application and supporting documents at the clerk’s office of the Court of King’s Bench in the judicial district where the rental property is located.
• Pay any associated court fees (fee waivers may be available for low-income individuals — inquire at the court office).

Step 3: Serve the Appeal Documents

• You must deliver (“serve”) copies of the appeal documents to all relevant parties, including your landlord and the Residential Tenancies Tribunal.
• Proof of service is typically required — court staff can advise how to complete this step.

Step 4: Prepare for Your Appeal Hearing

• The Court will schedule a hearing date. Bring any evidence and prepare your arguments about why you believe the Tribunal’s decision was incorrect or unfair.
• You may represent yourself or hire a lawyer, but legal assistance can be helpful due to the formal process of court appeals.

Once the hearing is complete, the judge can uphold, overturn, or modify the Tribunal’s decision.

Remember: Carefully review all paperwork from the Tribunal and keep track of appeal deadlines. Missing a deadline could cause you to lose your right to challenge the decision.

Key Forms and Resources for Tenants

• Residential Tenancies Tribunal Decisions: Refer to your decision letter for finding the decision date and appeal instructions.
• Notice of Application (Form 16B): Required for appealing to the Court of King's Bench. Download here and file within 7 days of your original decision.
• Court Locations and Offices: Find contact details for your local Court of King’s Bench office on the New Brunswick Courts Locations directory.

How Does This Affect My Right to Stay or Pay?

Filing an appeal does not automatically stop enforcement of the Tribunal's order (such as an eviction). You may need to request a "stay" from the Court to delay action until after your appeal is heard.

Related Tenant Issues and Rights

If the issue leading to the appeal involved repairs, eviction, or rent increases, you may benefit from reviewing your basic rights and responsibilities as a tenant. For general guidance, visit Tenant Rights and Landlord Rights in New Brunswick.

Troubles sometimes stem from unresolved problems like maintenance or health/safety. For tips on dealing with issues, see Common Issues Tenants Face and How to Resolve Them.

Looking for a new home while navigating disputes? Explore Houseme for nationwide rental listings and compare your options across New Brunswick and Canada.

FAQ: Appealing a Tenancy Tribunal Decision in New Brunswick

1. How long do I have to appeal an RTT decision in New Brunswick?
   You must file your appeal with the Court of King's Bench within 7 days from the date of your written decision. After that, your right to appeal is lost unless the Court grants an exception.
2. Can I stop an eviction while my appeal is pending?
   An appeal does not automatically stop an eviction order. To pause ("stay") enforcement, you must ask the Court for a stay when you file your appeal.
3. What happens at the appeal hearing?
   The judge reviews both sides’ arguments and evidence. They may confirm, reject, or change the original Tribunal decision. New evidence may only be allowed in special circumstances.
4. Do I need a lawyer to appeal?
   While self-representation is possible, legal help is recommended, as the court process can be complex. Check for free legal aid or tenant resources in your area.
5. Which legislation governs the appeal process?
   All landlord-tenant disputes and appeals in New Brunswick are governed by the Residential Tenancies Act of New Brunswick.

Conclusion: What Tenants Should Remember

• If you disagree with a Residential Tenancies Tribunal decision, you can appeal to the Court of King’s Bench — but you must act quickly.
• Gather all paperwork, file the right forms, and consider getting legal help if possible.
• Learn more about other issues affecting New Brunswick tenants and your rights before, during, and after the appeal.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (RTT), Service New Brunswick: Get forms, advice, and general information on appeals
• Legal Aid New Brunswick: Tenants and Landlords: For free or low-cost legal guidance
• New Brunswick Courts: Court locations, forms, and fees
• Tenant associations and community legal clinics in your city can offer additional support

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal (RTT)
3. New Brunswick Courts – Forms and Locations

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