What is a default order?
A default order is a written decision made by the Residential Tenancies Tribunal when one party fails to respond to or attend a scheduled hearing. A tenant who does not file a response or show up can lose the chance to present evidence, and the tribunal may grant the landlord's requested remedies, such as an order for unpaid rent or possession. The authority to issue default orders comes from provincial tenancy rules and tribunal procedures.[2]
How default orders are issued
The tribunal issues a default order after it verifies that the application was properly served and that the party did not respond or attend. Common reasons tenants receive a default order include missed hearing dates, not filing a written response, or not receiving or opening mailed notices. Always check how the tribunal serves documents and the timelines for response.
- Read all notices carefully for deadlines and hearing dates and mark them in your calendar.
- Check how the tribunal requires documents to be filed or served so you do not miss a procedural step.
- Contact the tribunal or tenant help services immediately if you believe you were not properly served.
Required forms and official steps
The Residential Tenancies Tribunal provides specific forms for applications, responses, and requests to set aside default orders. Examples you may encounter include an application form to start a claim, a written response form to contest an application, and a motion or request form to ask the tribunal to set aside a default order if you have a valid reason. When in doubt, use the tribunal's official forms and instructions.[3]
- Application for Hearing (official tribunal application): used by a landlord or tenant to start a dispute; for example, a landlord files one to claim unpaid rent.
- Response or Answer form: used by the other party to explain their side before the hearing; for example, a tenant files it to dispute arrears or provide evidence of paid rent.
- Request to Set Aside a Default Order: used when you missed a hearing for an acceptable reason (serious illness, improper service) and want the tribunal to reopen the case.
Official sources list forms and filing instructions; check the tribunal pages for up-to-date versions and how to submit them.[1]
How to respond and protect your rights
If you receive notice of an application or a default order, follow these practical steps immediately.
- Note the deadline: identify the response deadline or hearing date and act within that timeframe.
- Gather evidence: collect rent receipts, photos, messages, service records, and any lease terms that support your position.
- File a response: submit the tribunal's response form and attach supporting documents following filing rules.
- Attend the hearing: if possible, attend in person or by phone/video to present your evidence and answer questions.
- Ask for help: consider contacting legal aid, tenant advisory services, or a community clinic if you need support preparing your response.
Appealing or setting aside a default order
If you missed a hearing through no fault or for a reasonable cause, you can ask the tribunal to set aside the default order. Typical grounds include lack of proper service, emergency situations, or not receiving the notice. The tribunal will usually require a written request explaining the reason and proof, such as medical notes or courier receipts. Follow the tribunal's form and timeline exactly to avoid refusal.[3]
FAQ
- What happens if I ignore a tribunal notice?
- If you ignore a notice, the tribunal may issue a default order that decides the case without your input; this can include eviction orders or money judgments.
- Can I ask the tribunal to undo a default order?
- Yes. You can request the tribunal set aside the default order if you have a valid excuse (for example, improper service or emergency). You must apply quickly and provide evidence.
- Where can I get help preparing a response?
- Contact local tenant advisory services, legal aid clinics, or the Residential Tenancies Tribunal for guidance and the correct forms.
How-To
- Read the notice and record the deadline or hearing date.
- Collect evidence such as receipts, photos, and communication records that relate to the dispute.
- Complete the tribunal response form and attach your documents before the deadline.
- Attend the hearing or notify the tribunal immediately if you cannot attend and request alternate arrangements.
- Seek tenant support or legal help to review your materials and represent you if needed.
Key Takeaways
- Act quickly when you receive tribunal paperwork to avoid default orders.
- Document payments, communications, and repairs so you can support your case.
- Use official tribunal forms and follow filing instructions exactly.
Help and Support / Resources
- Residential Tenancies information at Service NL
- Residential Tenancies Act (Newfoundland and Labrador)
- Official tribunal forms and filing instructions
