When a utility disconnection may be unlawful
A landlord must follow the Residential Tenancies Act and the terms of the rental agreement. If the landlord supplies heat, electricity, water, or another service included in rent, deliberately stopping it may interfere with the tenant's right to occupy the home. A shutoff may also create a serious health and safety problem, particularly during extreme cold or when water and sanitation are affected.
Responsibility is more complicated when utilities are in the tenant's name. A tenant normally remains responsible for bills they agreed to pay, but a billing dispute with a utility provider is different from a landlord intentionally interrupting service. Do not withhold rent or reconnect utilities in an unsafe or unauthorized way without obtaining advice.
For a broader explanation of shared duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Common situations involving utility disputes
- Heat or water stops working because of a repair or equipment failure.
- A landlord threatens to disconnect a service because rent or another payment is disputed.
- A written notice says the tenant must leave or pay a utility charge before service will be restored.
- A service is disconnected after the tenant reports unsafe conditions or makes a complaint.
What to do when service is threatened or disconnected
1. Protect immediate health and safety
If there is no heat in cold weather, no drinking water, active flooding, exposed wiring, or another immediate danger, leave the affected area if necessary and contact emergency services when there is an urgent risk. Contact the utility provider to determine whether the interruption is caused by an unpaid account, an outage, equipment, or a landlord instruction.
2. Create a written record
- Record the date, time, affected service, indoor conditions, and communications with the landlord or utility provider.
- Take photos or videos of the thermostat, taps, meters, notices, damage, and any unsafe conditions.
- Save the rental agreement, utility bills, payment receipts, messages, emails, and written notices.
3. Send a clear written request
Tell the landlord what happened, when it began, which service is affected, and what response you need. Ask for restoration and a repair timeline in writing. If the landlord says the tenant is responsible for a bill, ask for the account details and the specific rental-agreement term that supports that position.
If the problem involves a dangerous or urgent repair, review Emergency Situations and Repairs: Tenant Rights and Responsibilities. Do not make threats, obstruct lawful entry, or damage equipment while trying to resolve the dispute.
4. Contact the proper authority
The Residential Tenancies Tribunal handles residential tenancy matters in New Brunswick. Its official information and forms page explains how tenants can seek assistance and submit an application or response. A tenant may need an application to the Director or another tribunal form, depending on the remedy requested and the stage of the dispute. Read the instructions carefully, provide a complete address and contact information, and attach copies of supporting records.
For example, a tenant whose landlord shuts off included heat may describe the interruption, request restoration or another available remedy, and attach the lease, photographs, messages, and utility-provider information. If you receive a notice or hearing document, follow its deadline rather than waiting for the service issue to resolve.
Possible remedies and practical considerations
The available remedy depends on the facts, the rental agreement, the cause of the interruption, and the authority's process. A tenant may ask for an order addressing repairs or services, compensation for proven loss, or another remedy available under New Brunswick law. Keep paying rent unless an authorized decision or qualified legal advice tells you otherwise, because stopping rent can create a separate arrears dispute.
If belongings are damaged, keep receipts for reasonable temporary expenses and document the damage promptly. If the service was disconnected by the utility company because of an account in the tenant's name, ask about payment arrangements, reconnection rules, and emergency assistance. A landlord may still have separate duties concerning building systems or services included in the tenancy.
Retaliation concerns should be documented carefully. A sudden threat, notice, or service interruption after a tenant reports a repair or contacts an authority may be relevant, but the tenant should let the tribunal assess the evidence. For help organizing a complaint, see How to Handle Complaints in Your Rental: A Tenant's Guide.
Frequently Asked Questions
- Can my landlord shut off utilities because I dispute rent?
- A landlord should not use a utility shutoff to pressure or punish a tenant. Document the event, request restoration in writing, and contact the Residential Tenancies Tribunal or another appropriate authority.
- What should I do if my heat or water is disconnected?
- Address immediate safety concerns first, contact the utility provider to identify the cause, notify the landlord in writing, preserve evidence, and seek urgent assistance when conditions are dangerous.
- Which form should I use in New Brunswick?
- The correct form depends on the remedy and circumstances. Review the Residential Tenancies Tribunal's current forms and instructions, including any application to the Director or notice form that applies to your case.
How-To: Respond to a Utility Disconnection
- Check for immediate danger and contact emergency services or the utility provider when necessary.
- Record the interruption with dates, photos, videos, bills, notices, and messages.
- Send the landlord a written request describing the service problem and asking for restoration or repairs.
- Review the Residential Tenancies Tribunal's current application and notice instructions and file the appropriate form by the stated deadline.
- Contact tenant assistance, legal services, or emergency support if the problem affects health, safety, housing stability, or essential belongings.
Help and Support / Resources
- New Brunswick Residential Tenancies Tribunal information, applications, and forms
- New Brunswick landlord and tenant forms and guidance
- New Brunswick Social Development housing and emergency assistance information
- Find rental homes across Canada on Houseme
