Common Tenant Mistakes at LTB Hearings in Nova Scotia

If you have a dispute with your landlord over rent, repairs, notice, or eviction in Nova Scotia, you may need to attend a hearing before the Residential Tenancy Program (Nova Scotia's official tribunal for tenant-landlord disputes). Being well-prepared can make a significant difference in the outcome, but many tenants make common mistakes that hurt their chances. Here, we outline frequent errors and how you can avoid them to ensure your rights are protected.
Nova Scotia Residential Tenancies Program

Understanding the Nova Scotia Hearing Process

Most tenancy disputes in Nova Scotia are resolved through the Residential Tenancy Program. Hearings may be in person, via phone, or by written submissions. The Program operates under the Residential Tenancies Act.¹

Frequent Mistakes Tenants Make at Hearings

• Not reading the Notice of Hearing carefully. Review your notice to know when, where, and how the hearing will take place. Missing deadlines or showing up late can result in losing your case automatically.
• Poor evidence preparation. You must bring all documentation: leases, emails, text messages, photos (before/after repairs), and payment receipts. If it's not submitted, the adjudicator can't consider it.
• Not submitting evidence on time. Always follow the directions in your hearing notice on how and when to deliver your evidence to both the tribunal and the landlord. Failing to do so means your evidence may not be accepted.
• Failing to understand your rights and responsibilities. Many tenants are unaware of what the law says about repairs, notice periods, and rent increases. Being informed helps you present a stronger case. Review our Tenant Rights and Landlord Rights in Nova Scotia for an overview.
• Skipping the initial step of resolving the issue directly. The Residential Tenancy Program expects tenants to try to resolve problems with their landlord before filing formal applications whenever possible.
• Missing or ignoring deadlines. Responses, applications, and appeals all have strict timeframes. Missing these can end your case early.

Official Forms You Must Know

There are several key forms used for tenancy issues in Nova Scotia:

• Form J: Application to Director
  This is the main form tenants use to apply for a hearing about repairs, deposit returns, rent disputes, and more. Complete it clearly and attach supporting evidence.
  Official form and instructions: Nova Scotia Tenancy Forms
• Form K: Notice of Hearing
  Served by the Program to inform you about your hearing date, time, and submission deadlines. Read it carefully and follow the instructions.
• Form N: Notice of Appeal
  Use this form to appeal a decision within 10 days of receiving the order. For tenants who believe there’s been a legal error or unfair process.

Always download the latest version from the official Service Nova Scotia Residential Tenancies Forms page.

Specific Pitfalls to Avoid

• Incorrect or incomplete forms. Double check every section before submission. Make sure your contact info is up-to-date.
• Not attending the hearing. If you can’t make it, request an adjournment with reasons and evidence as soon as possible—don’t simply fail to appear.
• Letting emotions take over. Stay calm, address the adjudicator respectfully, and focus on facts instead of personal opinions.
• Assuming the adjudicator will "fill in the gaps". Police reports, photographs, receipts—submit everything relevant, even if you believe it’s obvious.

How Understanding Your Obligations Helps Your Case

Familiarize yourself with what is expected of you as a tenant under the law. For a clear outline, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What to Do if You Lose Your Hearing

Decisions from the Residential Tenancy Program can be appealed to Small Claims Court within 10 days using Form N: Notice of Appeal. Carefully review the order and seek help if needed.

FAQ: Tenancy Hearings in Nova Scotia

1. What if I can’t attend my hearing?
   If you have a valid reason, request a rescheduling (adjournment) as soon as possible in writing with supporting evidence. Contact the Program for instructions.
2. What happens if I miss my hearing without notice?
   The hearing usually proceeds without you, and you may lose automatically (a default order may be issued).
3. How do I submit evidence for my hearing?
   Follow the instructions on your Notice of Hearing (Form K). Deliver all evidence by the deadline to both the tribunal and the landlord, using the formats required (with copies for everyone).
4. Can I have legal representation at the hearing?
   Yes, you can. Legal aid may be available for eligible tenants.
5. Can I appeal a Residential Tenancy decision?
   Yes, by filing Form N: Notice of Appeal to Small Claims Court within 10 days.

Key Takeaways for Tenants

• Read all documents from the Residential Tenancy Program carefully.
• Gather and submit all relevant evidence by the deadline.
• Act promptly if you cannot attend or if you want to appeal.

Knowing your rights—and your responsibilities—can make your hearing experience smoother and help protect your home. For additional tips for tenants on resolving disputes, see Common Issues Tenants Face and How to Resolve Them.

Need Help? Resources for Tenants

• Nova Scotia Residential Tenancy Program – Information, forms, and contact details
• Legal Information Society of Nova Scotia – Free legal information for tenants
• Tenant Rights and Landlord Rights in Nova Scotia – Learn about your provincial rights
• Explore Houseme for nationwide rental listings

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• ¹ Residential Tenancies Act (Nova Scotia)
• Official Residential Tenancies Program
• Official Nova Scotia Tenancy Forms

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