How Tenants Can Reopen a Closed LTB Case in Newfoundland and Labrador

If you've had a case closed by the Residential Tenancies Office (RTO) in Newfoundland and Labrador, you may feel discouraged or unsure of your next steps as a tenant. Understanding the rules and the process for reopening a closed LTB case is important for protecting your rights, whether the issue involves eviction, rent arrears, repair disputes, or deposit returns. This guide is designed for tenants seeking accessible, official information, and practical advice in Newfoundland and Labrador.

Who Handles Tenant Disputes in Newfoundland and Labrador?

Residential tenancy disputes are handled by the Residential Tenancies Section (RTS) of Service NL. This office manages hearings, applications, and decisions under the Residential Tenancies Act, 2018^[1].

Understanding Closed Cases and Options for Tenants

Sometimes, after a hearing or administrative decision, your LTB case (here called an "application") may be closed. Reasons for closure can include:

• A decision has been issued
• The matter was settled or withdrawn
• Neither party attended the hearing

But closure doesn't always mean your options are gone. Tenants who believe there was an error, unfairness, or new evidence may have recourse through specific application processes.

How to Reopen a Closed Case: Tenant Options

Generally, tenants may ask to reopen or review a closed case at the RTS through one of these main methods:

• Requesting a Review Hearing – If you missed your hearing for a valid reason, you may ask for a new one.
• Seeking a Reconsideration/Variation – If new, significant information becomes available or you believe a serious error was made, you may request the decision be changed.
• Appealing to the Supreme Court – If you believe the law was not correctly applied, you can file an appeal (this is a formal court process and should be considered carefully).

Each method has specific requirements and must be acted on quickly.

Request for Review Hearing

If you missed your original hearing due to circumstances beyond your control (health emergency, lack of notice, etc.), you can apply for a review using the official form:

• Form: Request for Review Hearing (Form 14)
• This form is used to ask the Residential Tenancies Section to set aside a decision if you did not attend and had a valid reason
• Submit within 10 days of learning about the order or decision
• Download the Request for Review Hearing (Form 14)

Example: If you were not informed of your hearing date and an eviction order was made against you, you can file a Request for Review Hearing, explain your absence, and ask the Tribunal to reconsider.

Reconsideration/Variation Applications

The Residential Tenancies Act allows for a party to request a variation or change to an order if new evidence is discovered or a clerical error is noticed. This is less common but possible.

• Contact the Residential Tenancies Section for guidance. Often, written requests outlining your reasons and supporting evidence are needed.
• Act as soon as possible and provide all documentation.

Appeal to the Supreme Court of Newfoundland and Labrador

If you believe the Residential Tenancies Section's decision was incorrect in law, you may file a Notice of Appeal with the Supreme Court. Legal advice is strongly suggested before choosing this route, as court processes are complex and costs may apply.

Related Issues After Reopening or Closing a Case

• If your case involved Understanding Rental Deposits: What Tenants Need to Know, reopening could help recover your deposit if it was previously denied.
• Learn more about Common Issues Tenants Face and How to Resolve Them if you face ongoing disputes around repairs, rent increases, or notices.

You can also Find rental homes across Canada on Houseme if a move becomes necessary.

Key Legislation and Official Resources

• Tribunal: Residential Tenancies Section (Service NL)
• Legislation: Residential Tenancies Act, 2018 (Newfoundland and Labrador)
• Forms: Download Residential Tenancies Forms

For more about your tenant rights in this province, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Frequently Asked Questions

1. What is the deadline to request a review hearing for a closed case?
   The deadline is 10 days from the date you became aware of the order or decision. Use Form 14 for your application.
2. Can I provide new evidence when reopening a case?
   Yes. If you discover significant new evidence that could affect the outcome, you can include it in your review or reconsideration request.
3. How do I appeal an RTS decision in Newfoundland and Labrador?
   You must file an official Notice of Appeal with the Supreme Court of Newfoundland and Labrador. Legal advice is strongly recommended for this step.
4. What if my landlord didn't return my deposit after my case was closed?
   If you believe your deposit was wrongly withheld, reopening your case may be possible. See Understanding Rental Deposits: What Tenants Need to Know for deposit rules and steps.
5. Where can I get free help with reopening a tenancy dispute?
   Contact the Residential Tenancies Section or local tenant advocacy groups for guidance. See the resources below.

Key Takeaways

• Tenants may request reopening or review of closed cases if justified by new evidence, errors, or missed attendance
• Act within 10 days for review hearings, and use official forms
• Appeals to court require careful consideration and usually legal support

Summary: Understanding your options and acting promptly can help protect your rights when a tenancy dispute case is closed or you believe a mistake was made.

Need Help? Resources for Tenants

• Residential Tenancies Section, Service NL – Phone: 709-729-2608 / Email: landlords.tenants@gov.nl.ca
• Public Legal Information Association of NL (PLIAN) – Free tenant information
• Local legal clinics or community help centres may also offer guidance

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)

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