What Tenants Can Do If Utilities Are Shut Off in New Brunswick

If your rental unit in New Brunswick has had the utilities shut off, it can create distressing and sometimes hazardous living conditions. Tenants in this province have legal rights and options in these situations. This guide explains your legal protections, landlord obligations, and what you can do if your water, heat, or electricity are disconnected. All information here is based on current New Brunswick law and resources for 2024.

Who Is Responsible for Utilities in a New Brunswick Rental?

Your rental agreement (lease) should state clearly who is responsible for paying for utilities such as electricity, natural gas, water, and sewer. In many cases, the landlord covers some or all utilities, while in others, the tenant pays them directly to utility companies.

• If landlord pays: The landlord is responsible for ensuring continuous utility service.
• If tenant pays: It is the tenant's responsibility to keep accounts in good standing and avoid disconnections due to non-payment.

Always keep copies of your lease and any utility bills for reference. For a broader review of tenant and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What the Law Says About Utility Shut-Offs

According to New Brunswick’s Residential Tenancies Act, landlords must provide and maintain rental units in a good state of repair, which includes basic services like water, heat, and electricity when these are their responsibility. It is illegal for a landlord to deliberately shut off or cause the disconnection of essential services as a way to force tenants out or to pressure for unpaid rent.^[1]

When Can Utilities Legally Be Disconnected?

• Non-payment by the tenant: If you are responsible for the utility account and do not pay your bills, the utility company may disconnect service after giving the required notices.
• Landlord non-payment: If the landlord doesn’t pay a utility they are responsible for, you should not be penalized by a loss of service.
• Emergency or maintenance: Temporary shut-offs may occur for repairs, but should be communicated and restored as soon as possible.

Steps to Take If Your Utilities Are Shut Off

Act quickly if you lose heat, water, or power. Keeping a record of all your communications and notices is important. The steps below outline what to do in various scenarios:

1. Contact Your Landlord Immediately
   • Ask for prompt restoration of services if you believe the landlord is responsible.
2. Determine Who Is Responsible
   • Review your lease or rental agreement.
3. Notify Utility Companies
   • If your landlord is responsible and hasn’t paid, inform the utility providers that you are a tenant, not the account holder.
4. File a Complaint with the Residential Tenancies Tribunal
   • If services are not restored promptly, you can file a complaint.

How to File a Complaint with the Tribunal

The Residential Tenancies Tribunal of New Brunswick manages these disputes. Their process is tenant-friendly and does not require legal representation.

• Form 6 - Application to the Tribunal (Form 6 PDF)
  • Use this form to report that a landlord has stopped or interfered with essential services.
  • Example: If your landlord stopped paying for water and it's shut off, complete Form 6 with your details and circumstances.
  • Submit to the Tribunal by mail, in person, or using their online complaint submission portal.

Your Rights During Shut-Offs

The Tribunal can order the landlord to restore utility services, award compensation for costs incurred (hotel stays, meals), and prevent further shut-offs. For repeated health, safety, or emergency concerns related to services, see Health and Safety Issues Every Tenant Should Know When Renting.

For a complete overview of tenant and landlord law in your province, check out Tenant Rights and Landlord Rights in New Brunswick.

What Happens If the Issue Is Not Resolved?

If the landlord fails to restore utilities even after intervention, tenants may:

• Request a rent reduction through the Tribunal
• Ask permission to terminate the tenancy early
• Seek compensation for expenses during disruption

For those searching for new accommodations after a severe utilities issue, you can Find rental homes across Canada on Houseme using advanced filters and map-based search.

FAQ: Utility Shut-Offs for New Brunswick Tenants

1. Can my landlord legally disconnect my utilities for not paying rent?
   No, a landlord cannot shut off your utilities to force payment or as an eviction tactic. Only the legal eviction process is permitted.
2. What should I do if my landlord refuses to restore utilities?
   Document all communications and file a complaint with the Residential Tenancies Tribunal as soon as possible.
3. Can I pay the utility bill myself and subtract it from my rent?
   This is only permitted if the Tribunal authorizes it. Never deduct amounts from your rent without official approval.
4. Am I allowed to move out if utilities are disrupted?
   You may be able to apply to end your tenancy early, but don't leave or stop paying rent without Tribunal permission.

Conclusion: Key Takeaways for New Brunswick Tenants

• Landlords cannot cut off essential utilities; doing so violates the law.
• If your utilities are shut off and you are not responsible, act quickly by contacting the landlord, the utility, and the Tribunal.
• Never move out or deduct rent without guidance from the Residential Tenancies Tribunal.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Dispute resolution, complaints, official forms
• Government of New Brunswick – Rental of Residential Premises
• New Brunswick Apartment Owners Association – Tenant resources
• Tenant Rights and Landlord Rights in New Brunswick – Comprehensive provincial overview

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1. The governing law for all residential tenancies in New Brunswick is the Residential Tenancies Act (Government of New Brunswick).
2. Official dispute forms, guidance, and information available at the Residential Tenancies Tribunal.

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