Top Mistakes Tenants Make at LTB Hearings in New Brunswick

Attending a hearing before New Brunswick’s Residential Tenancies Tribunal (RTT) can be stressful for tenants—especially if it’s your first time. A successful outcome often hinges on how well you understand the process and your rights. This article explains frequent pitfalls tenants face at RTT hearings, practical ways to avoid them, and where to find trustworthy help.

Whether you are contesting a rent increase, responding to an eviction notice, or seeking repairs, knowing what not to do can make a big difference.

The Residential Tenancies Tribunal and Legislation in New Brunswick

New Brunswick’s Residential Tenancies Tribunal (RTT) handles most rental disputes, including eviction, rent increases, and repair issues. Hearings are generally less formal than court, but following the right procedures is crucial. The governing law is the Residential Tenancies Act of New Brunswick^[1].

Common Mistakes Tenants Make at RTT Hearings

Here are the most frequent errors tenants should watch out for—and how to avoid them:

1. Not Understanding the Hearing Process

• Lack of Preparation: Many tenants assume hearings are just informal talks. In reality, you must present relevant documents and evidence to support your case.
• Missing Deadlines: Responding late to notices or missing the hearing date may result in a default order against you.

For more detail about your rights and obligations, see Tenant Rights and Landlord Rights in New Brunswick.

2. Not Bringing Evidence or Documentation

• Not submitting rental agreements, written communications, photos, or receipts to support your claims (e.g., about repairs or rent paid).
• Failing to organize your documents before the hearing, making it harder for tribunal members to understand your case.

Documentation is crucial. If you are contesting a rent increase, requesting repairs, or responding to an eviction notice, bring all relevant written proof. Review Obligations of Landlords and Tenants: Rights and Responsibilities Explained to better understand what documents may support your case.

3. Ignoring Official Forms and Procedures

• Using the wrong form for your application or response, or failing to include all required details.
• Not submitting forms to the RTT on time, either in person, by mail, or online.

For example, to dispute a notice of rent increase, tenants must submit the "Tenant’s Response to Notice of Rent Increase Form (RTB-11R)" to the RTT before the increase takes effect. Learn more about rent increases in the Understanding Rent Increases: What Tenants Need to Know guide.

4. Failing to Communicate with Your Landlord in Advance

• Not informing your landlord about concerns before initiating a hearing.
• Skipping steps like written requests or attempts at informal resolution (which may be required by the Tribunal).

Demonstrating you tried to resolve issues directly can strengthen your case at the hearing.

5. Not Attending or Participating Properly

• Missing your scheduled hearing time—either in person, by phone, or online—means the Tribunal can make a decision without your input.
• Poor presentation (being disrespectful, getting angry, or interrupting) can undermine your credibility.

Always arrive early, dress respectfully, and listen carefully.

Essential Forms for Tenants

• Application to Residential Tenancies Tribunal: Use this form to initiate a complaint about repairs, eviction, or rent issues. Access the official “Application to the Residential Tenancies Tribunal”. Example: If your landlord fails to complete urgent repairs after notification, submit this form to request Tribunal assistance.
• Tenant’s Response to Notice of Rent Increase (RTB-11R): If you disagree with a proposed rent increase, complete this response form and provide evidence. Download RTB-11R Form (PDF)
• Notice of Termination by Tenant or Landlord: Used when officially ending the tenancy. Learn more and access the correct notice form directly on the Residential Tenancies Tribunal’s official website.

Complete all forms accurately, submit supporting documentation, and keep copies for your records.

How to Prepare for an RTT Hearing

Preparation increases your chances of resolving the dispute in your favour. Here’s a step-by-step overview for tenants:

• Read all notices and Tribunal instructions carefully
• Review the Residential Tenancies Act for rules about your issue
• Gather all written evidence—rental agreements, communications, receipts, repair requests, and photos
• Fill out and submit all required forms promptly (see above)
• Consider contacting a tenant advocacy service if you feel unsure

If you are searching for a new rental after a hearing, Find rental homes across Canada on Houseme for a wide range of options that suit any budget or lifestyle.

FAQ: Key Tenant Questions About RTT Hearings in New Brunswick

1. What if I miss my RTT hearing?
   If you do not attend, the Tribunal may proceed without your input and make a default decision. Contact the RTT as soon as possible if you have a valid reason for your absence.
2. Can I bring someone to help me at the hearing?
   Yes, you may have a support person or legal representative present. Always notify the Tribunal in advance if possible.
3. What documents should I bring?
   Bring your rental agreement, all communication with your landlord, payment receipts, and any evidence related to your complaint or defence.
4. How do I dispute a notice of eviction?
   Respond as soon as possible using the appropriate form and provide evidence. You may also request a hearing to present your side.
5. Is there an appeal process if I disagree with the Tribunal’s decision?
   Yes, in certain circumstances, you may request a review or appeal. Contact the RTT promptly if you wish to pursue this option.

Conclusion: Key Takeaways for Tenants

To improve your chances at an RTT hearing, always:

• Prepare in advance with all required documentation and forms
• Follow Tribunal deadlines precisely
• Communicate clearly and respectfully throughout the process

By understanding your rights, you can avoid common mistakes and strengthen your case with New Brunswick’s Tribunal.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (RTT) Contact Page
• Consumer Affairs (NB): 1-888-762-8600
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant guides and support
• Explore more about your rights at Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act of New Brunswick

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