Common Tenant Mistakes at LTB Hearings in Newfoundland and Labrador

When attending a hearing at the Residential Tenancies division in Newfoundland and Labrador, it's important for tenants to be well-prepared and avoid avoidable errors. Making even small mistakes can put your home or finances at risk. This article will help you understand common issues tenants face at these hearings, how to avoid them, and what steps you should take to advocate for yourself under the Residential Tenancies Act.

About Residential Tenancies Hearings in Newfoundland and Labrador

Disputes between tenants and landlords in Newfoundland and Labrador are usually resolved at the Residential Tenancies division of Service NL. This official body hears cases about rent, maintenance, deposits, evictions, and more. All hearings are conducted using the Residential Tenancies Act (RTA), which sets out the legal rights and responsibilities for both tenants and landlords.^[1]

Top Mistakes Tenants Make at Residential Tenancies Hearings

Trouble at the hearing often starts before the tenant even arrives. Let's cover the most common pitfalls and simple actions to help tenants protect their interests.

1. Not Reviewing the Residential Tenancies Act

Many tenants don't realize how important it is to be familiar with the Residential Tenancies Act before a hearing. Knowing your rights and obligations under this law can help you frame your arguments, respond confidently to questions, and understand the strengths or weaknesses of your case.

• Review sections relating to the issue at hand (for example, repairs, deposits, or notices of eviction).
• Check out the summary of Tenant Rights and Landlord Rights in Newfoundland and Labrador for province-specific highlights.

2. Failing to Gather and Organize Evidence

Bringing complaints without proof is one of the biggest mistakes. The adjudicator bases decisions on the evidence you provide. Examples:

• Take dated photographs of maintenance or health and safety issues.
• Save all emails, letters, and texts exchanged with your landlord.
• Bring receipts or bank statements to show payments made or costs incurred.
• Have a copy of your written lease agreement if available.
• Collect relevant documents, such as your inspection checklist. See our Guide to the Initial Rental Property Inspection for Tenants for tips on documenting the condition of your home.

3. Missing Deadlines or Using the Wrong Forms

Strict timelines apply to filing disputes and submitting evidence. Missing requirements may mean your application won't be heard. Always use the official forms provided by the Residential Tenancies division, including:

• Application for Dispute Resolution (Form 12): Use this to request a hearing about issues like eviction, rent arrears, damages, or landlord actions. Download it from the official Service NL website. Example: If you are facing eviction or your landlord is withholding your deposit, this is the main application to file.
• Notice of Hearing: Once your application is processed, you (and your landlord) will get a Notice of Hearing stating the date and time to appear.
• Tenant's Written Submission or Evidence Sheet: Include all evidence you want considered. Submit by the deadline noted on your Notice of Hearing.

4. Not Attending the Hearing (or Not Participating)

If you don't attend the hearing or fail to participate, you risk losing by default. Tenants should make arrangements to attend in-person, by phone, or virtually, as specified in the Notice of Hearing.

5. Not Addressing the Correct Issue

Some tenants bring up unrelated matters or discuss issues that are not covered by the application. Focus on the problem outlined in your application:

• If your issue is about rent increases, be prepared to discuss documents or communications about that topic.
• If the dispute involves deposits or repair obligations, have those specific documents ready. For more background, see Understanding Rental Deposits: What Tenants Need to Know.

6. Not Understanding Landlord and Tenant Obligations

It’s helpful to know what both you and your landlord are responsible for under the law. Reviewing Obligations of Landlords and Tenants: Rights and Responsibilities Explained can clarify your duties regarding repairs, payments, and communication.

7. Letting Emotions Take Over

Try to stay calm and stick to the facts during your hearing. Emotional outbursts or arguments can distract from your main points and affect your credibility.

8. Not Exploring Settlement

Sometimes, tenants and landlords can resolve issues before the hearing through negotiation or mediation. This can save time, money, and stress.

Preparing in advance and using a checklist can help you feel confident at your hearing. If you need a new place to live, Find rental homes across Canada on Houseme.

Step-by-Step: How to Prepare for Your Residential Tenancies Hearing

Following these steps will help make sure you show up organized and ready:

• Read the Notice of Hearing and mark the date and time on your calendar.
• Gather all evidence (emails, photos, receipts, inspection forms, etc.).
• Complete your submission sheet and include a list of evidence.
• Submit all paperwork by the deadline—if unsure, call the Residential Tenancies division for clarification.
• Arrange your transportation or technology needs for the day of the hearing.

Preparation is key—bring all materials with you and arrive early or log in on time.

FAQ: Tenant Hearing Mistakes in Newfoundland and Labrador

1. Do I need a lawyer to appear at a Residential Tenancies hearing?
   No, most tenants represent themselves. However, you may bring an advocate or someone to help explain your case if you wish.
2. What happens if I miss my hearing?
   The hearing will proceed without you, and the adjudicator may grant the landlord's application by default. Always try to contact the division ASAP if you know you'll be absent.
3. Can I bring new evidence to the hearing?
   All evidence should be submitted before the deadline on your Notice of Hearing, but in urgent situations you may ask the adjudicator to accept late evidence. They might refuse.
4. How do I appeal a decision I think is wrong?
   You can apply to have an order reviewed in the Supreme Court of Newfoundland and Labrador within 10 days of receiving the written decision. Seek legal advice before applying.
5. Where can I learn more about tenant and landlord rights?
   Visit Tenant Rights and Landlord Rights in Newfoundland and Labrador for a plain language guide.

Key Takeaways for Tenants

• Prepare and organize all your evidence well in advance.
• Submit your forms on time and confirm all deadlines.
• Stay focused on the issue at hand and communicate respectfully.
• Know your responsibilities and rights under the Residential Tenancies Act.

Need Help? Resources for Tenants

• Residential Tenancies, Service NL – Main contact for filing applications and getting information (Phone: 1-877-829-2608).
• Public Legal Information Association of NL (PLIAN) – Offers free information and legal referrals for tenants.
• Tenant Rights and Landlord Rights in Newfoundland and Labrador – Key facts, obligations, and summary of tenancy laws.

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1. Residential Tenancies Act, SNL 2018, c. R-14.1
2. Residential Tenancies, Service NL (Official Tribunal)
3. Applications and Forms – Residential Tenancies

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