Legal Help for Utilities Disputes: Tenants in New Brunswick

Utility and services issues—such as disputes over heating, electricity, or water—can cause significant stress for tenants in New Brunswick. This guide explains your rights, steps you can take, and where to turn for legal support when facing problems with utilities in your rental home. Whether you're dealing with an unresolved outage or a disagreement over payment, understanding the law helps you protect your wellbeing and peace of mind.

Your Utilities Rights as a Tenant in New Brunswick

In New Brunswick, landlords must provide essential services, such as heat and water, unless your written rental agreement states otherwise. If a landlord fails to supply these, or tries to cut them off, it may be a breach of the Residential Tenancies Act (New Brunswick)^[1]. Landlords cannot interfere with municipal services unless the contract clearly says you’ll be responsible.

• Only withhold or interrupt services for legal reasons (and with proper notice)
• Tenants remain responsible for paying for services listed in the lease as their obligation
• Landlords cannot disconnect utilities as a response to late rent—separate legal processes must be followed for rent arrears

Learn more about broader tenant and landlord rights in the province by visiting Tenant Rights and Landlord Rights in New Brunswick.

Common Utilities & Services Disputes

• Landlord not repairing a broken heater in winter
• Unexplained or unauthorized utility charges
• Water or electricity being shut off without warning
• Disagreement over who pays for which services

If you’re dealing with any of these issues, it’s important to act quickly to resolve the problem and – if necessary – seek legal support.

How Tenants Can Address Utilities Problems

When you encounter utility or service issues, follow these steps before escalating the dispute:

1. Review Your Lease: Check your rental agreement to confirm which utilities you are responsible for.
2. Contact Your Landlord in Writing: Notify them of the issue. Keep a record (such as an email or letter) describing the problem and your request.
3. Document Everything: Photograph defects, keep bills, and save all communications.
4. Follow Up: If you do not receive a timely response, remind your landlord and give a reasonable deadline for repairs or resolution.

Handling utility disputes is often covered within the more general obligations of landlords and tenants. For a broader understanding, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Getting Legal Support and Filing a Utilities Complaint in New Brunswick

If talking with your landlord does not resolve the situation, you can seek help from the Residential Tenancies Tribunal of New Brunswick^[2]. This official body oversees rental disputes and ensures enforcement of the law.

Here’s how the process works:

• Application to the Tribunal: To formally address your utilities dispute, file the correct form with the Tribunal. Common reasons include the landlord unlawfully withholding utilities or failing to repair essential services.
• Official Form: The core document for tenant complaints is the Application to Request an Order (Form 7). Use this form to ask the Tribunal to intervene, order repairs, or award compensation if your landlord violates utilities or services obligations.
  Example: If your landlord disconnects heat in winter, complete Form 7, explaining the details and what you want the Tribunal to do (such as order reconnection and compensation).
• Submit your documents and evidence directly to the Residential Tenancies Tribunal. Instructions for submission are available on the Tribunal’s official forms page.

When Should You Seek Immediate Help?

• Loss of heat, water, or electricity during hazardous conditions
• Threats or attempts to disconnect essential services
• Unlawful or retaliatory actions by your landlord related to utilities

In urgent cases, mention this on your Application to the Tribunal to request a faster response.

Related Issues You Might Face as a Tenant

Utilities and services often overlap with other common challenges, such as maintenance delays, repairs, or health and safety concerns. For more information, see Health and Safety Issues Every Tenant Should Know When Renting or Common Issues Tenants Face and How to Resolve Them.

For those searching for new accommodations, Explore Houseme for nationwide rental listings.

Frequently Asked Questions About Utilities Disputes

1. Can my landlord legally shut off my heat or water?
   No. In most cases the landlord cannot interrupt essential services such as heat or water unless specifically permitted by your lease and only for necessary maintenance or repairs. Disconnection for non-payment of rent is not allowed.
2. If utilities are included in my rent, do I have to pay extra if costs go up?
   No. If your lease says utilities are included, your landlord cannot pass on increased payments. Only leases stating utilities are tenant's responsibility can impose extra charges.
3. What should I do if my landlord will not repair faulty utilities?
   Provide written notice describing the problem. If it is not repaired in a reasonable timeframe, use Form 7 to request an order from the Residential Tenancies Tribunal. Attach evidence of your requests.
4. Do I need a lawyer to file a complaint about utilities?
   Not usually. The Residential Tenancies Tribunal process is designed to be accessible. You may represent yourself, but can seek legal advice if you’re unsure.
5. How long does it take the Tribunal to resolve a utilities dispute?
   Timelines vary, but urgent cases involving health and safety are generally expedited. Clearly label your application as urgent if needed.

How to Resolve a Utilities Dispute with Your Landlord in New Brunswick

1. Gather Documentation
   Collect your lease, bills, photos, and evidence of all correspondence.
2. Notify Your Landlord in Writing
   Send a polite written request outlining the problem and your expectations. Keep copies.
3. Allow Time for a Response
   Give your landlord a reasonable window (e.g., 3-5 business days) to correct the issue.
4. Apply to the Tribunal if Unresolved
   If the landlord does not act, complete Form 7 (Request an Order) and file it with the Residential Tenancies Tribunal, attaching your supporting documents.
5. Attend the Hearing or Mediation
   The Tribunal may offer mediation, or schedule a hearing, where both sides can explain their case. Bring your evidence and any witnesses.

Key Takeaways for Tenants

• Landlords must provide essential utilities unless your written lease says otherwise.
• For unresolved disputes, use Form 7 to apply to the Residential Tenancies Tribunal.
• Always document problems, requests, and responses to strengthen your case.

Resolving utilities disputes protects both your dignity and your right to a safe, livable home.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Applications, resources, and official forms.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – Free overview of tenant rights and sample correspondence templates.
• General guidance on tenant rights: Tenant Rights and Landlord Rights in New Brunswick

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1. [1] Residential Tenancies Act (New Brunswick)
2. [2] Residential Tenancies Tribunal of New Brunswick

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