What to Do If Your Landlord Illegally Shuts Off Heat or Water in New Brunswick

If you’re a tenant in New Brunswick and your landlord has suddenly turned off the heat or water in your rental, you may feel confused or worried—especially during cold months or in the midst of your daily routine. Knowing your rights and the right steps to take can help you quickly restore essential services and protect your well-being. This article explains tenant protections, legal actions you can take, and support options if your landlord illegally interrupts heat or water in your home.

Essential Services: What Are Your Landlord’s Legal Responsibilities?

In New Brunswick, landlords are legally responsible for providing and maintaining certain vital services—like heat, running water, and hot water—according to the Residential Tenancies Act. Turning off these services, except during necessary repairs or emergencies, is generally against the law and could be considered an illegal act.

• Heat: The landlord must supply heat from mid-September to mid-June so that your unit stays at least 20°C (68°F).
• Water: Continuous access to hot and cold running water is required.
• Electricity: If included in your rent or lease, your landlord cannot disconnect power.

Only in very limited situations (like repairs that require a temporary shut-off, or if you’ve agreed in writing to take responsibility) may a landlord lawfully turn off these services.

Why Heat or Water Might Be Illegally Interrupted

Some landlords, unfortunately, try to force tenants to leave by cutting off services, or use this as leverage in disagreements. If this happens to you, it’s important to know it’s not just unfair—it’s against the law.

For a full overview of your rights and the obligations of both parties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Immediate Steps for Tenants: How to Respond

Here’s what you should do if your heat or water is cut off and you believe it’s illegal:

• Document everything. Note dates/times and take pictures, if possible.
• Contact your landlord immediately in writing (email or letter) to notify them of the issue and request prompt restoration of services.
• Check your lease agreement for clauses about utilities and responsibilities.

• If no quick resolution, contact the Residential Tenancies Tribunal to file a formal complaint. The Tribunal protects tenant rights and can order the landlord to restore services.

Filing a Formal Complaint with the New Brunswick Residential Tenancies Tribunal

The Residential Tenancies Tribunal of New Brunswick is the official board that handles tenancy disputes in the province.

Relevant Form: Application for Assistance (Form 6)

• Form Name: Application for Assistance (Form 6)
• When to Use: If your landlord has illegally interrupted heat or water and does not respond to your request to restore it.
• How It Works: You fill out the form explaining your situation and submit evidence (such as communications and photos). The Tribunal can investigate and order repairs or reinstatement of services.
• Access the Form 6 – Application for Assistance (official government link)

To submit the form, you can email, fax, mail, or hand it in to the Tribunal. Keep a copy for your records.

What If There’s a Health and Safety Concern?

If lack of heat or water is making your home unsafe, this could be deemed a serious health and safety violation. Learn more about your rights and potential remedies in Health and Safety Issues Every Tenant Should Know When Renting.

Your Rights Under New Brunswick’s Tenant Law

The Residential Tenancies Act of New Brunswick is the main law protecting tenants. Under this Act, your landlord cannot:

• Deny you heat, hot or cold water, or electricity that are included in your rent
• Use cutting off services as a way to force a tenant out
• Retaliate in any way because you assert your rights

For additional guidance specific to New Brunswick, see Tenant Rights and Landlord Rights in New Brunswick.

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FAQ: Tenant Questions About Illegal Utility Shut-Offs in New Brunswick

1. Can my landlord turn off the heat or water to try to evict me?
   Absolutely not. Turning off vital services to force you out is illegal in New Brunswick and may subject the landlord to penalties.
2. What should I do if my complaint to the landlord is ignored?
   If your landlord does not restore heat or water promptly, file an Application for Assistance (Form 6) with the Residential Tenancies Tribunal. Support your complaint with photos and a record of all communications.
3. Are there emergency services I can call if there’s no heat in winter?
   If it's an immediate health and safety risk (like no heat during a cold snap), you can also contact your local public health office or emergency services.
4. Could I be evicted if I complain about a utility shut-off?
   No. The Act prohibits landlords from retaliating against tenants who exercise their rights. If you face threats, record them and report it to the Tribunal.
5. Does it matter if utilities are in my name?
   If you pay for utilities directly, the landlord generally cannot access or control the account. But if they manage the bill, they must keep everything on as set out in your lease and provincial law.

Key Takeaways for Tenants

• Your landlord cannot lawfully turn off heat or water except for necessary repairs or emergencies.
• Document all issues, request repairs or restoration in writing, and contact the Tribunal quickly if services aren't restored.
• Use Form 6 (Application for Assistance) to get help from the Residential Tenancies Tribunal.

If you act promptly and know your rights, vital services can usually be restored swiftly.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Information, forms, and guidance for tenants
• Contact the Tribunal by phone: 1-888-762-8600 or by email: irent@snb.ca
• Your local Public Health Office (for urgent health or safety risks)
• Community Legal Clinics in New Brunswick: Free tenant advice (where available)

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal – Government of New Brunswick
3. Form 6: Application for Assistance (New Brunswick)

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