If you’ve won an order from the Residential Tenancies Tribunal in New Brunswick but your landlord hasn’t followed it, it can be confusing and stressful. This guide explains your next steps, your legal rights under New Brunswick law, key forms to use, and where to get help.
Understanding New Brunswick’s Residential Tenancies Dispute System
In New Brunswick, the Residential Tenancies Tribunal (RTT) is the provincial body that settles most disputes between tenants and landlords. The laws are set out in the Residential Tenancies Act of New Brunswick[1]. The Tribunal issues binding orders if it finds in favour of a tenant or landlord. These can relate to things like repairs, return of security deposits, or rent refunds.
What If the Tribunal’s Order Isn’t Followed?
Sometimes, even after the Tribunal hears a complaint and issues an enforceable order in your favour, your landlord does not comply. For example, a landlord may refuse to make ordered repairs or pay money owed. The Tribunal itself does not enforce these orders directly. Instead, enforcement goes through the provincial court system.
Steps to Enforce a Tribunal Order in New Brunswick
Here’s how you can act if the Tribunal’s order is ignored:
- Request Written Reasons: If you haven't received written reasons for the ruling, request them from the Tribunal. You’ll need these for court.
- Obtain a Certified Copy of the Order: Contact the Residential Tenancies Tribunal office and ask for a certified copy (prove your identity as the applicant).
- File the Order with the New Brunswick Small Claims Court: You’ll need to use the court system to enforce the order, particularly if it directs the landlord to pay you money or take an action.
- Use the NB Small Claims Court Forms: The primary form is the Notice of Claim (Form 1A). Attach your Tribunal order and clearly reference the details.
- Follow Up with Court Staff: Court staff can give instructions about service and payment of fees.
Appeals and Reviews
If you believe the order is incorrect or didn’t address your concerns, you may be able to apply for a review with the Tribunal. See the Tribunal’s official appeals and reviews information for qualifications and forms.
Relevant Forms and How to Use Them
- Notice of Claim (Form 1A): Download here. Use if you need to enforce a Tribunal monetary order through Small Claims Court. Complete it with a copy of your Tribunal order.
- Application for Review: Find official forms. Use if you wish the Tribunal to reconsider its decision. Explain why a review is necessary (for example, new evidence).
In all cases, check requirements carefully and seek support if you’re unsure how to complete a form.
Common Scenarios When Orders Are Not Followed
- Landlord fails to return damage or security deposit ordered by the Tribunal
- Landlord does not complete required repairs or maintenance
- Landlord ignores a rent repayment order
These situations are covered by the Residential Tenancies Act and may require additional steps. Learn more about these and your overall rights on our Tenant Rights and Landlord Rights in New Brunswick page.
Related Issues and Tenant Rights
If you are facing other common problems—like withheld deposits, health and safety concerns, or routine repairs—understanding your rights is crucial. For more, visit Common Issues Tenants Face and How to Resolve Them.
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FAQ: Enforcing Orders, Next Steps, and Tenant Rights
- What should I do if my landlord ignores a Tribunal order?
Collect your certified order and written reasons, then file them with the New Brunswick Small Claims Court to enforce the decision. - Does the Residential Tenancies Tribunal enforce its own orders?
No. The Tribunal issues orders, but tenants must use the civil courts if the order isn’t followed by the landlord. - Is there a time limit to enforce an order?
Yes, court claims in New Brunswick often have strict timelines (limitation periods), usually two years. Act quickly after the order is issued. - Can I get help filling out Small Claims Court forms?
Yes. Court staff can offer assistance (not legal advice), or you can contact a local tenant advocacy group. - Are my rights different if I have disputes about repairs or deposits?
While the enforcement process is similar, there may be special Tribunal rules for repair and deposit issues. Always check the Act or Tribunal website for clarity.
Key Takeaways for New Brunswick Tenants
- If a Tribunal order isn’t respected, the court is your route for enforcement.
- Act promptly—there are limits on when you can file in court.
- Keep all your documentation from the Tribunal and landlord communications.
The process can feel overwhelming, but resources and step-by-step support are available for New Brunswick tenants.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal – Official portal for tenant applications, orders, and appeals in New Brunswick
- New Brunswick Tenant Application Forms – Download all official forms
- Small Claims Court – Service New Brunswick – Info on court process and fees
- Local New Brunswick Tenants Association – Advocacy and direct assistance
- See more about your rights on our Tenant Rights and Landlord Rights in New Brunswick page
