How tribunals assess landlord good faith
Tribunals in Newfoundland and Labrador examine whether a landlord's actions were honest, reasonable, and consistent with the governing residential tenancies legislation. Decision-makers consider intent, timing, whether required notices and procedures were followed, and whether the landlord tried reasonable alternatives before taking stronger steps[1]. They focus on objective evidence: what the landlord knew, what they did, and whether the tenant's rights were respected under the law[2].
- Photos, videos, and dated records showing unit condition or repairs
- Receipts, bank records, or rent ledgers proving payments or deposit transactions
- Copies of repair requests and the landlord's responses, including dates
- Written notices, applications, and proof of how and when they were served
- Any prior tribunal decisions or formal complaints related to the dispute
What tenants should bring to a hearing
- Organized copies of photos, emails, texts, and a dated repair log
- Proof of rent and deposit payments, including receipts and bank statements
- Any notices received or the landlord's application and related documents
- Contact details for witnesses, tradespeople, or support services who can corroborate facts
Official forms and how to use them
The main starting point for disputes is the Board's application or the landlord's notice. Tenants often use an "Application to the Residential Tenancies Board" to raise a cross-claim or a response; the official application form and filing instructions are available from the provincial board[3]. For example, if a landlord files to evict for non-payment but you have proof of payment, you would file the appropriate tenant application, attach dated bank records or receipts, and explain the discrepancy in your cover statement.
If your issue involves a security deposit or disputes about deductions, review Understanding Rental Deposits: What Tenants Need to Know and check the Board's guidance on deposit disputes before your hearing. For questions about landlord or tenant duties that affect good-faith findings, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
FAQ
- How does the Board decide if a landlord acted in good faith?
- The Board looks at whether the landlord acted honestly and reasonably, followed required procedures, attempted to resolve the issue, and had a lawful reason for their actions. They rely on objective evidence and timelines.
- What evidence helps tenants prove bad faith?
- Clear dated photos, copies of repair requests, written notices, payment records, and witness contact details are most helpful. Consistent documentation showing the landlord's pattern or failures supports claims of bad faith.
- Can I get help preparing for a hearing?
- Yes. You can ask for information from the Residential Tenancies Board, contact community legal clinics, or seek tenant support services. Reputation and clarity matter: organize documents and prepare a short statement of facts.
How-To
- Identify the notice or application and note any filing deadlines and hearing dates
- Collect and copy all evidence with dates and short labels for each item
- Contact the Residential Tenancies Board to confirm filing procedures and how to submit documents electronically or by mail[1]
- Attend the hearing, present facts calmly, and use a short chronology to guide the tribunal through your evidence
- Request the written decision and follow any directions or timelines included in that decision
Help and Support / Resources
- Residential Tenancies Board — Government of Newfoundland and Labrador
- Residential Tenancies Act — Newfoundland and Labrador Legislature
- Service NL — Tenant information and services
