LTB Default Decisions for No-Shows in New Brunswick

Missing a scheduled hearing can lead to a default decision against you in residential tenancy disputes. This guide explains what a default decision means for tenants in New Brunswick, how the tribunal typically treats no-shows, and clear steps you can take if you or the other party misses a hearing. It covers timelines, common forms tenants use to ask the tribunal to set aside or reopen a decision, and the types of evidence that help when asking for relief. The explanations are written for renters who need practical actions and links to official tribunal pages so you can act quickly to protect your rights in New Brunswick.

What is a default decision?

A default decision is an order issued by the residential tenancy tribunal when one party does not attend a scheduled hearing. In practice this means the tribunal can decide the case based on the evidence presented by the party who attends and may issue remedies such as an order for payment or possession. Tenants should understand that a default decision is enforceable unless successfully set aside through the tribunal's review or rehearing process ^[1].

How the Residential Tenancies Tribunal handles no-shows in New Brunswick

The official body that oversees tenancy disputes in New Brunswick is the Residential Tenancies Tribunal. If a tenant or landlord does not appear, the tribunal may proceed and issue a default decision, or it may adjourn the hearing in limited circumstances. You can view tribunal contact details and procedures on the province's official site for the tribunal and dispute processes Residential Tenancies Tribunal - Service New Brunswick^[2].

• The tribunal can issue a default order for payment or eviction if the absent party had notice of the hearing.
• The tribunal may adjourn or set aside a decision later if a reasonable explanation and supporting evidence are provided.
• Enforcement steps can follow a default order, so timely action is important to avoid losing rights or property.

Important forms and when to use them

There are official forms to start a hearing, respond to applications, and apply to set aside a decision. Read the instructions on each form and follow filing rules carefully; using the wrong form or missing signatures can delay relief.

• Application to the Residential Tenancies Tribunal — used to start a complaint or answer an application; file this when you request a hearing or respond to a landlord’s claim.
• Request to Reopen or Set Aside a Decision — used when you missed a hearing and ask the tribunal to reopen the matter; include why you missed the hearing and supporting proof.
• Notice of Hearing and Evidence Cover Sheet — use this to list documents and witnesses you will rely on at the tribunal.

Official forms and filing instructions are available from the provincial tribunal forms page; follow the examples and filing deadlines carefully ^[3].

How to respond if you or the landlord misses a hearing

1. Act quickly: check the tribunal decision and any written reasons as soon as you receive notice of a default decision.
2. File an application to set aside or reopen the decision within the tribunal’s stated timelines, attaching a clear explanation and evidence for why the hearing was missed.
3. Gather evidence: proof of delivery of notices, medical notes, travel records, or other documents that support your reason for non-attendance.
4. Attend any follow-up hearing or conference and be prepared to explain promptly why you missed the original hearing.
5. Seek support: contact legal aid, a community housing advisor, or the tribunal registry for procedural guidance if you need help completing forms.

If you need to find a new place or explore options while your matter is ongoing, Find rental homes across Canada on Houseme to search listings and plan next steps.

FAQ

What if I missed a hearing because of an emergency?

If you missed a hearing for an emergency, file a request to set aside the default decision as soon as possible and provide evidence such as medical notes or police reports; the tribunal will consider whether the reason was reasonable.

Can a default decision be enforced right away?

Often a default decision can be enforced, but enforcement depends on the type of order. If you apply to set aside the decision promptly, enforcement may be paused or addressed by the tribunal in the rehearing.

Do I need a lawyer to ask the tribunal to reopen a decision?

No, many tenants can file requests themselves using the tribunal forms, but you can seek legal advice or community legal services for help preparing evidence and arguments.

How-To

1. Locate the tribunal decision and read the reasons carefully.
2. Check timelines and file a request to set aside or reopen the decision within the tribunal’s deadline.
3. Collect supporting evidence that explains your absence and shows you had a valid reason.
4. Attend any scheduled rehearing or go to the tribunal meeting prepared to present your evidence.
5. Follow up with the tribunal registry and keep copies of all filings and confirmations.

Help and Support / Resources

• Residential Tenancies Act (New Brunswick)
• Residential Tenancies Tribunal - Service New Brunswick
• Tribunal forms and filing instructions

1. [1] Residential Tenancies Act (New Brunswick)
2. [2] Residential Tenancies Tribunal - Service New Brunswick
3. [3] Tribunal forms and application guides