What counts as losing an amenity
Loss of an amenity means an included service or facility promised in your lease or in advertising is no longer available or is unusable. Common examples are loss of heat, laundry machines, designated parking, elevator access, building common areas, or internet service if it was part of your agreement. Check your written lease and local rules because remedies depend on what was agreed to in writing. For a quick overview of provincial rules, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.
Immediate actions tenants should take
- Document the loss with photos or video, note dates and how the amenity is unusable.
- Notify your landlord in writing describing the problem, the date it began, and ask for restoration or a rent reduction.
- Keep paying rent unless a tribunal orders a different arrangement; not paying can put you at risk.
What to include in written requests
When you write your landlord, be clear and factual: describe the amenity, give dates, attach photos, state the relief you want (for example a percentage reduction or temporary repair), and set a reasonable deadline for reply. Save a copy of every message and any landlord responses for evidence. If you need guidance on how rent and payment responsibilities work while disputing an issue, consult Tenant''s Guide to Paying Rent: Rights, Responsibilities, and Tips.
Forms and tribunal applications
If the landlord does not respond or refuses a reasonable reduction, you can file an application with the province's Residential Tenancies Division[1]. The main legislation that governs these cases is the Residential Tenancies Act[2]. Common official forms include the application form used to ask the division to hear a dispute, and specific evidence submission forms when required. Below are examples and how tenants typically use them.
- Application to the Residential Tenancies Division (official application form). When to use: file this if the landlord won’t agree to a fair rent reduction. Example: you lost laundry and heat for two weeks and the landlord declined your written reduction request—file the application to ask the Division to set a reduction and order repairs.
- Evidence and witness list form (if provided by the Division). When to use: attach photos, logs of outages, receipts for alternative expenses, and names of witnesses who can confirm loss of amenity.
What to expect from the Residential Tenancies Division
After you apply, the Division will usually schedule a hearing or mediation. Timelines vary by caseload; some matters are resolved in mediation within weeks while contested hearings may take a few months. The Division can order a rent reduction, repairs, or other remedies it deems fair. Always bring originals or clear copies of your lease, photos, written requests to the landlord, and any receipts for extra costs.
Sample timeline
- Day 1–7: Document the issue and send a written request to the landlord asking for repair or reduction.
- Day 8–30: If no satisfactory response, gather evidence and prepare the application to the Division.
- Weeks to months: Division schedules mediation or hearing; follow any directions and submit evidence on time.
FAQ
- Can I get a rent reduction if the landlord removes an amenity?
- Possibly. If the amenity was included in your lease or advertised as part of your rental and its loss reduces the value or habitability of your unit, you can request a reduction or apply to the Residential Tenancies Division to seek an order.
- Should I stop paying rent while an amenity is unavailable?
- No. Continue to pay rent on time unless the Division orders otherwise; failing to pay can hurt your position. Instead, document the issue and file for a reduction if necessary.
- How long will a tribunal decision take?
- Timelines vary. Some straightforward disputes are resolved in mediation within weeks, while contested hearings can take longer depending on caseload and evidence needed.
How-To
- Gather evidence: photos, videos, dated notes, and receipts showing the amenity is missing or unusable.
- Send a clear written request to your landlord describing the issue and the remedy you want; keep a copy.
- If the landlord does not respond, follow up and ask for confirmation in writing; record dates of any verbal replies.
- Prepare and file an application with the Residential Tenancies Division, attaching your evidence and a short statement of the remedy sought.
- Attend mediation or the hearing with organized documents and any witnesses, and be prepared to explain the impact of the lost amenity.
Key Takeaways
- Document every loss of amenity promptly with dates, photos, and written requests.
- Try to resolve the issue with your landlord in writing before applying to the Division.
- File an application with the Residential Tenancies Division if informal requests fail and bring clear evidence to any hearing.
Help and Support / Resources
- Residential Tenancies Division (Government of Newfoundland and Labrador)
- Residential Tenancies Act (legislation) - Newfoundland and Labrador
- Official forms and filing instructions (Service NL)
- [1] Residential Tenancies Division - Government of Newfoundland and Labrador
- [2] Residential Tenancies Act - Newfoundland and Labrador
- [3] Official forms and filing instructions - Service NL
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