Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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An Act to Amend The Residential Tenancies Act
Legislature :
55
Session :
3
Bill No. :
35
Member :
Hon. Fitch
First Reading :
2006-4-6
Second Reading :
2006-4-12
Committee of the Whole :
2006-4-13
Amended :
Third Reading :
2006-4-13
Royal Assent :
2006-4-13
Download PDF :
Bill 35
Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended
(a) by repealing the definition "premises" and substituting the following:
"premises" means premises used for residential purposes,
(a) and includes
(i) any house, dwelling, mobile home, apartment, flat, tenement or similar place that is occupied or may be occupied by an individual as a residence,
(ii) any land leased as a site for a mobile home used for residential purposes, whether or not the landlord also leases that mobile home to the tenant, and
(iii) a room in a boarding house or lodging house,
(b) but does not include
(i) premises occupied for business or agricultural purposes with living accommodation attached under a single tenancy agreement,
(ii) living accommodations located in a building used in part for non-residential purposes if the occupancy of the living accommodations is conditional upon the occupant continuing to be an employee of or perform services related to a business carried out in the building,
(iii) living accommodations occupied as a vacation home for a seasonal or temporary period,
(iv) living accommodations where the tenant is required to share a bathroom or kitchen facility or both with the landlord and where the landlord resides in the building in which the living accommodations are located,
(v) living accommodations provided in a tourist establishment that is required to operate under the authority of a licence under the Tourism Development Act, if a person resides in the living accommodations for less than ninety consecutive days,
(vi) living accommodations provided by an educational institution to its students where the living accommodations do not have their own self-contained bathroom and kitchen facilities,
(vii) living accommodations provided in a nursing home as defined in the Nursing Homes Act,
(viii) living accommodations located in a community placement resource as defined in section 23 of the Family Services Act,
(ix) living accommodations occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care,
(x) living accommodations provided by a religious institution,
(xi) living accommodations provided in a hospital facility operated under the Hospital Act,
(xii) living accommodations provided in a psychiatric facility as defined in the Mental Health Act,
(xiii) short-term living accommodations provided as emergency shelter,
(xiv) living accommodations provided in a youth hostel, and
(xv) any other accommodations or classes of accommodations prescribed by regulation;
(b) in the definition "Standard Form of Lease" by striking out "a special Standard Form of Lease for a mobile home site" and substituting "a special Standard Form of Lease for a mobile home site or for a room in a boarding house or lodging house".
2 Section 3 of the Act is amended
(a) in paragraph (1)(a) by striking out "good state of repair and fit for habitation" and substituting "good state of cleanliness and repair and fit for habitation";
(b) in subsection (2) by striking out "any state of non-repair or unfitness" and substituting "any state of uncleanliness, non-repair or unfitness".
3 Section 5 of the Act is amended
(a) by adding after subsection (1) the following:
5(1.1) A notice referred to in subsection (1)
(a) shall be in writing,
(b) shall set out the name of the tenant,
(c) shall state the address of the demised premises to which the notice relates,
(d) shall indicate the time prescribed by regulation within which the tenant must comply with the tenant's obligations, and
(e) shall be dated and signed by the landlord or an agent or representative of the landlord.
(b) in subsection (2) by striking out "so advise a rentalsman by notice and shall include" and substituting "so advise a rentalsman by notice in writing, dated and signed by the landlord or an agent or representative of the landlord, and shall include".
4 Section 6 of the Act is amended
(a) by adding after subsection (1) the following:
6(1.1) A notice referred to in subsection (1)
(a) shall be in writing,
(b) shall state the address of the demised premises to which the notice relates, and
(c) shall be dated and signed by the tenant.
(b) in subsection (2) by striking out "so advise a rentalsman by notice and shall include" and substituting "so advise a rentalsman by notice in writing, dated and signed by the tenant, and shall include";
(c) in subsection (3) in the portion following paragraph (b) by striking out "subject to subsection (8)" and substituting "subject to subsections (6.4) and (8)";
(d) by adding after subsection (6.1) the following:
6(6.2) A tenant who has advised a rentalsman by notice under subsection (2) of a landlord's failure to comply with the landlord's obligations under this Act or who has informed a rentalsman under subsection (2.1) with respect to such a failure to comply may apply to the rentalsman to terminate the tenancy.
6(6.3) An application by a tenant under subsection (6.2) shall be made
(a) by applying to the rentalsman on a form provided by the rentalsman, and
(b) by serving a copy of the application on the landlord.
6(6.4) Subject to subsection (6.6), where a rentalsman has conducted an investigation under subsection (3) and a tenant has applied to the rentalsman under subsection (6.2), the rentalsman may serve on the landlord and the tenant a notice of termination of the tenancy if the rentalsman is satisfied that the landlord has failed to comply with the landlord's obligations under this Act and that the landlord is not willing to comply with the obligations or is not financially capable of doing so.
6(6.5) A notice of termination served under subsection (6.4) terminates the tenancy on the day specified in the notice.
6(6.6) Where the rentalsman has established under subsection (3) a time within which the landlord must comply with the landlord's obligations under this Act with respect to a tenancy, the rentalsman shall not serve a notice of termination of the tenancy under subsection (6.4) until after the expiry of that time.
6(6.7) Where a rentalsman serves a notice of termination under subsection (6.4), the rentalsman may order the landlord to pay a specified sum to the tenant
(a) as compensation for any reasonable expenses, not exceeding the rent payable for one month's occupation of the premises, that the tenant has incurred or will incur as a result of the landlord's failure to comply with the landlord's obligations under this Act, and
(b) in reimbursement for rent, not exceeding the rent payable for one month's occupation of the premises, that was paid by the tenant for the right to possess the premises during a period in which the premises were uninhabitable, if in the opinion of the rentalsman the premises were rendered uninhabitable as a result of the landlord's failure to comply with the landlord's obligations under this Act.
6(6.8) Where a tenancy is terminated by a notice of termination served under subsection (6.4), the landlord is not entitled to compensation or damages in relation to rent that would have become due and payable if the tenancy had not been terminated, and no action or other proceeding lies against the tenant for any loss suffered as result of the termination of the tenancy.
5 Section 8 of the Act is amended
(a) by repealing subsection (2) and substituting the following:
8(2) A security deposit is to provide security against
(a) the tenant's failure to pay rent,
(b) the tenant's failure to reimburse the landlord for expenses incurred by the landlord for the supply of heat, water, electric power or natural gas services to the premises where
(i) the lease provides that the tenant will pay the expenses incurred by the landlord for the supply of the services, and
(ii) the rent does not include the payment by the tenant for the provision of the services,
(c) the tenant's failure to pay a late payment fee required by the landlord under section 19.1 where the tenant failed to pay the late payment fee after receiving a request in writing, dated and signed by the landlord or an agent or representative of the landlord, to do so, or
(d) the tenant's failure to comply with the tenant's obligation under paragraph 4(1)(a) or (b) respecting cleanliness or repair of the premises or any chattels provided in the premises by the landlord.
(b) in subsection (6)
(i) in paragraph (a) by striking out "subsections (7), (7.1), (8) and (10)" and substituting "subsections (7.1), (8) and (10), subsection 8.011(1) and section 8.02";
(ii) in paragraph (b) by striking out "subsections (7), (7.1), (8) and (10)" and substituting "subsections (7.1), (8) and (10), subsection 8.011(1) and section 8.02";
(c) in subsection (7.1) by striking out "seven days" and substituting "fifteen days";
(d) in subsection (7.2) by striking out "seven days" and substituting "fifteen days";
(e) by repealing paragraph (10)(b) and substituting the following:
(b) a landlord or any other person delivers to a rentalsman an amount in accordance with subsection (7.1) or (7.2), subsection 8.011(1) or section 8.02; or
(f) by repealing subsection (11) and substituting the following:
8(11) The certificate referred to in subsection (10) shall be a sufficient basis upon which
(a) the landlord may make a claim in respect of the failure of the tenant to comply with the obligation of the tenant to pay rent, the obligation of the tenant respecting the reimbursement of the landlord's expenses in the circumstances referred to in paragraph (2)(b), the obligation of the tenant respecting the payment of a late payment fee in the circumstances referred to in paragraph (2)(c) or the obligation of the tenant under paragraph 4(1)(a) or (b) respecting the cleanliness or repair of the premises or any chattels provided in the premises by the landlord, up to the amount set out in the certificate, or
(b) the landlord may request under subsection (12.1) a rentalsman to maintain in the security deposit fund all or a portion of the security deposit of a tenant or of the unused balance of it.
(g) by repealing subsection (12) and substituting the following:
8(12) Where a tenancy has terminated and the tenant has failed to comply with the obligation of the tenant to pay rent, the obligation of the tenant respecting the reimbursement of the landlord's expenses in the circumstances referred to in paragraph (2)(b), the obligation of the tenant respecting the payment of a late payment fee in the circumstances referred to in paragraph (2)(c) or the obligation of the tenant under paragraph 4(1)(a) or (b) respecting the cleanliness or repair of the premises or any chattels provided in the premises by the landlord, the rentalsman, upon a claim being made by the landlord within seven days after the termination of the tenancy and upon conducting a proper investigation, may use all or a portion of the security deposit or of the unused balance of the security deposit toward the discharge of the obligation.
(h) in subsection (12.01) by striking out "in respect of the security deposit of a tenant" and substituting "in respect of the security deposit of a tenant or of the unused balance of it";
(i) by adding after subsection (12.02) the following:
8(12.021) Notwithstanding subsection (12), where a tenancy has terminated and a judge makes an order under section 8.02 directing a person to deliver the security deposit of a tenant or a portion of the security deposit of a tenant to a rentalsman, the landlord may make a claim for the purpose of subsection (12) within seven days after the security deposit or portion of it is delivered to the rentalsman.
(j) in subsection (12.03) by striking out "in respect of a security deposit" and substituting "in respect of a security deposit or unused balance of it";
(k) in subsection (12.1) in the portion following paragraph (b) by striking out "maintain in the security deposit fund all of the security deposit of the tenant or a portion of the security deposit of the tenant equal to the landlord's claim" and substituting "maintain in the security deposit fund all of the security deposit of the tenant or a portion of it that is equal to the landlord's claim or all of the unused balance of the security deposit or a portion of it that is equal to the landlord's claim";
(l) by repealing subsection (12.2) and substituting the following:
8(12.2) Subsection (12.1) does not apply where the claim of the landlord is a claim with respect to the obligation of the tenant to pay rent, the obligation of the tenant respecting the reimbursement of the landlord's expenses in the circumstances referred to in paragraph (2)(b), the obligation of the tenant respecting the payment of a late payment fee in the circumstances referred to in paragraph (2)(c) or the obligation of the tenant under paragraph 4(1)(a) or (b) respecting the cleanliness or repair of the premises or any chattels provided in the premises by the landlord.
(m) in subsection (12.6) in the portion preceding paragraph (a) by striking out "The rentalsman shall maintain the security deposit of the tenant in the security deposit fund" and substituting "The rentalsman shall maintain the security deposit of the tenant or the unused balance of it in the security deposit fund";
(n) in subsection (12.7) by striking out "use all or a portion of the security deposit of the tenant" and substituting "use all or a portion of the security deposit of the tenant or of the unused balance of it";
(o) in subsection (15.1) by striking out "the security deposit of the tenant maintained" and substituting "the security deposit of the tenant or the unused balance of it that is maintained".
6 Section 8.01 of the Act is amended
(a) in subsection (2) by striking out "seven days" and substituting "fifteen days";
(b) by repealing subsection (3) and substituting the following:
8.01(3) Any money delivered to a rentalsman or a landlord to provide security against a tenant's failure to pay rent, a tenant's failure to reimburse the landlord for expenses in the circumstances referred to in paragraph 8(2)(b), a tenant's failure to pay a late payment fee in the circumstances referred to in paragraph 8(2)(c) or a tenant's failure to comply with the tenant's obligation under paragraph 4(1)(a) or (b) respecting cleanliness or repair of the premises or any chattels provided in the premises by the landlord shall be deemed to be a security deposit for the purposes of this Act.
7 The Act is amended by adding after section 8.01 the following:
8.011(1) Where a tenant informs a rentalsman in writing that a landlord has failed to deliver or cause to be delivered to a rentalsman a security deposit or any portion of a security deposit as required under subsection 8(7.1) or 8.01(2), the rentalsman may conduct an investigation and may, after conducting the investigation, order the landlord to deliver the security deposit or portion of the security deposit to the rentalsman, within the time specified in the order, if the rentalsman is satisfied that
(a) the security deposit or portion of the security deposit was accepted by the landlord or an agent or representative of the landlord with or without a requirement for the security deposit under the Standard Form of Lease or without a Standard Form of Lease having been signed, and
(b) the landlord failed to deliver or cause to be delivered the security deposit or portion of the security deposit to a rentalsman as required under subsection 8(7.1) or 8.01(2).
8.011(2) If upon the expiry of the time set out in an order under subsection (1), the landlord has failed to deliver or cause to be delivered the security deposit or portion of the security deposit to the rentalsman, the rentalsman may deem that all or a portion of the undelivered security deposit or undelivered portion of the security deposit shall be applied toward the payment of the tenant's rent and so advise the landlord and tenant by notice.
8.011(3) No action or other proceeding lies against a tenant based on a failure to pay rent where, under subsection (2), the rentalsman has deemed that all or a portion of the undelivered security deposit of the tenant or of the undelivered portion of the security deposit shall be applied toward the payment of the rent.
8 Section 8.02 of the Act is repealed and the following is substituted:
8.02 Where a person is convicted of an offence under section 28 for the failure to deliver or cause to be delivered to a rentalsman a security deposit or any portion of a security deposit as required under subsection 8(7.1) or (7.2) or subsection 8.01(2), the judge may, in addition to any other penalty, make one or both of the following orders:
(a) an order directing the person,
(i) if the tenancy continues, to deliver the security deposit or portion of it to a rentalsman, less any amount the rentalsman has deemed to be applied under subsection 8.011(2), or
(ii) if the tenancy has terminated, to deliver the security deposit or portion of it, less any amount the rentalsman has deemed to be applied under subsection 8.011(2), to a rentalsman or to the tenant after inquiring into the likelihood of a claim being made by the landlord in respect of the security deposit; and
(b) an order directing the person to pay to a rentalsman interest at the rate prescribed by regulation on the amount of the security deposit or portion of it calculated from the expiry of the fifteen-day period referred to in subsection 8(7.1) or (7.2) or subsection 8.01(2)
(i) to the day the order is made, or
(ii) to the day the security deposit or portion of the security deposit was delivered to a rentalsman, if the security deposit or portion of it is delivered to the rentalsman before sentence is imposed.
9 Subsection 8.2(1) of the French version of the Act is amended by striking out "Loi sur le crédit d'impôt applicable aux résidences" and substituting "Loi sur le dégrèvement d'impôt applicable aux résidences".
10 Section 11.1 of the Act is amended
(a) by repealing subsection (2.1) and substituting the following:
11.1(2.1) The notice referred to in subsections (1) and (2)
(a) shall be in writing,
(b) shall be contained in a separate document,
(c) shall set out the name of the tenant,
(d) shall state the address of the demised premises to which the notice relates,
(e) shall state the amount of the increase in rent and when the increase is to take effect, and
(f) shall be dated and signed by the landlord or an agent or representative of the landlord.
(b) by adding after subsection (3) the following:
11.1(3.1) A notice under subsection (3)
(a) shall be in writing,
(b) shall state the address of the demised premises to which the notice relates, and
(c) shall be dated and signed by the tenant.
11 Section 13 of the Act is amended
(a) by adding after subsection (4) the following:
13(4.1) A notice to quit referred to in subsection (4)
(a) shall be in writing,
(b) shall set out the name of the tenant,
(c) shall state the address of the demised premises to which the notice relates, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
(b) by repealing subsection (5) and substituting the following:
13(5) Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice in writing, dated and signed by the landlord or an agent or representative of the landlord, within seven days after service of such notice, the landlord is deemed to have given the landlord's consent to the tenant's request.
12 Section 16 is amended
(a) by adding before subsection (1) the following:
16(0.1) In this section
"landlord" includes an agent or representative of the landlord;
"working day" means any day except a Sunday or other holiday.
(b) in subsection (1) by striking out "Except as provided in this section, a landlord or an agent or representative of the landlord" and substituting "Except as provided in this section and section 25.03, a landlord";
(c) in subsection (2) in the portion following paragraph (b) by striking out "a landlord or an agent or representative of the landlord" and substituting "a landlord";
(d) in subsection (3) by striking out "Where the landlord or an agent or representative of the landlord" and substituting "Subject to subsections (4.1), (4.2) and (4.3), where the landlord";
(e) in subsection (4) in the portion preceding paragraph (a) by striking out "the landlord or an agent or representative of the landlord" and substituting "the landlord";
(f) by adding after subsection (4) the following:
16(4.1) Where a tenant has in writing requested the landlord to carry out repairs to the demised premises, the landlord may enter the premises without any notice requirement to carry out the requested repairs if the entry is effected within two working days after receipt of the tenant's written request.
16(4.2) If the repairs referred to in subsection (4.1) are not carried out by the landlord within the period referred to in that subsection, the landlord may only enter the premises to carry out the repairs after having given the tenant a minimum of twenty-four hours' notice unless paragraph (2)(b) applies.
16(4.3) Where a person or authority having jurisdiction to do so requires, by order or otherwise, a landlord to carry out repairs or cause repairs to be carried out to the demised premises, the landlord may enter the premises to carry out the repairs only after having given the tenant a minimum of twenty-four hours' notice unless paragraph (2)(b) applies.
16(4.4) Where a landlord gives notice under subsection (4.3), the landlord shall include with the notice a copy of any order or other document provided to the landlord by the person or authority referred to in that subsection that sets out the requirement that the repairs be carried out.
16(4.5) Where a landlord is authorized under subsection (4.1), (4.2) or (4.3) to enter demised premises to carry out repairs, no person shall obstruct the landlord from entering the premises or interfere with the landlord in entering the premises.
(g) in subsection (5) by striking out "the landlord or an agent or representative of the landlord" and substituting "the landlord";
(h) by adding after subsection (5) the following:
16(5.1) A notice under this section
(a) shall be in writing,
(b) shall set out the name of the tenant,
(c) shall state the address of the demised premises to which the notice relates, and
(d) shall be dated and signed by the landlord.
(i) in subsection (6) by striking out "entry by a landlord or an agent or representative of the landlord is to be made on a day other than a Sunday or a holiday" and substituting "entry by a landlord is to be made on a day other than a Sunday or other holiday";
(j) in subsection (7) by striking out "the landlord or an agent or representative of the landlord" and substituting "the landlord".
13 Subsection 19(1.01) is repealed and the following is substituted:
19(1.01) The day specified in a notice to vacate shall be at least fifteen days after the day on which the notice is served on the tenant.
14 The Act is amended by adding after section 19 the following:
19.1 Where a tenant fails to pay the rent when due and the lease provides that the landlord may require a late payment fee in that circumstance, the landlord may require the tenant to pay a late payment fee determined in accordance with the regulations.
15 Section 21 of the Act is amended
(a) in paragraph (1)(b) by striking out "so requests" and substituting "so requests in writing";
(b) in subsection (2) in the portion following paragraph (b) by striking out "apply" and substituting "apply in writing";
(c) in subsection (2.1) by striking out "apply" and substituting "apply in writing";
(d) in subsection (2.2) by striking out "apply" and substituting "apply in writing".
16 Section 24 of the Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out "notice of termination of a tenancy is to be served" and substituting "notice of termination of a tenancy to be served by a landlord or tenant is to be served";
(b) by repealing subsection (1.1) and substituting the following:
24(1.1) A notice of termination served by a landlord or tenant under this Act
(a) shall be in writing,
(b) if served by the landlord, shall set out the name of the tenant,
(c) shall state the address of the demised premises to which the notice relates,
(d) shall state the effective date of the notice,
(e) shall state the reason for the termination, if otherwise required by this Act to do so, and
(f) shall be dated and signed by the landlord or an agent or representative of the landlord or by the tenant, as the case may be.
17 Section 24.1 of the Act is amended by adding after subsection (1) the following:
24.1(1.1) Where a tenant advises a rentalsman under paragraph (1)(a) that the tenant intends to contest a notice of termination of a tenancy served by a landlord and the landlord establishes to the satisfaction of the rentalsman that the landlord did not serve the notice of termination because the tenant made a complaint against the landlord, the rentalsman shall confirm the notice of termination and may vary the day on which the tenancy is to terminate.
18 The Act is amended by adding after section 24.1 the following:
24.11(1) A rentalsman may, on the application of a tenant and after conducting an investigation, serve on the landlord and the tenant a notice of termination of the tenancy if the rentalsman is satisfied that the continuation of the tenancy would cause extreme hardship to the tenant because of a deterioration in the tenant's health.
24.11(2) A rentalsman who receives an application under subsection (1) shall forthwith serve a notice on the landlord advising the landlord of the application.
24.11(3) A notice of termination served under subsection (1) terminates the tenancy on the day specified in the notice.
24.11(4) Where a tenancy is terminated by a notice of termination served under subsection (1), the landlord is not entitled to compensation or damages in relation to rent that would have become due and payable if the tenancy had not been terminated, and no action or other proceeding lies against the tenant for any loss suffered as result of the termination of the tenancy.
19 Section 24.4 of the Act is amended by adding after subsection (1) the following:
24.4(1.1) A notice referred to in subsection (1)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates, and
(c) shall be dated and signed by the landlord or an agent or representative of the landlord.
20 Section 24.5 of the Act is amended by adding after subsection (2) the following:
24.5(2.1) A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
21 Section 25 of the Act is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out "subsection (1.1), (1.2) or (3)" and substituting "subsection (1.01), (1.1), (1.2) or (3)";
(b) by adding after subsection (1) the following:
25(1.01) Any notice, process or document to be served by a tenant on a landlord is sufficiently served
(a) by delivering it personally to an agent of the landlord, where the landlord has posted or filed with the rentalsman under subsection (4) the legal name of the agent of the landlord,
(b) by delivering it personally to any adult person who apparently resides with the landlord or to any person at the landlord's place of business who appears to be in control of or to be managing the place of business,
(c) by sending it by ordinary mail to the landlord at the address where the landlord resides, or
(d) where demised premises are located in a building containing multiple premises, by placing the notice, process or document in a mailbox that has been placed in a conspicuous place in the building by the landlord for the purposes of allowing tenants to deposit any notice, process or document to be served on the landlord.
22 The Act is amended by adding after section 25 the following:
ROOMS IN A BOARDING HOUSE OR LODGING HOUSE
Application of sections 25.02 and 25.03
25.01 Sections 25.02 and 25.03 apply to tenancies of rooms in a boarding house or lodging house existing when this section comes into force or arising after this section comes into force.
Additional obligation of landlord
25.02 In addition to the landlord's obligations under subsection 3(1), a landlord of a room in a boarding house or lodging house shall ensure that sufficient doors, locks and other devices to make the room reasonably secure are installed and maintained.
Additional right of entry by landlord
25.03 Where the tenancy agreement for a tenancy of a room in a boarding house or lodging house provides that housekeeping services will be provided by the landlord, the landlord or an agent or representative of the landlord may, in addition to the entry rights of the landlord or agent or representative of the landlord under section 16 and subject to subsection 16(6), enter the premises to provide the housekeeping services without any notice requirement.
No authority with respect to complaints or disputes regarding meals
25.04 Notwithstanding any other provision of this Act, a rentalsman has no authority to receive or deal with complaints or mediate disputes in respect of meals that are to be provided or that a tenant of a room in a boarding house or lodging house claims are to be provided by the landlord under the tenancy agreement.
23 Section 25.31 of the Act is amended by adding after subsection (1) the following:
25.31(1.1) A notice referred to in subsection (1)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates, and
(c) shall be dated and signed by the landlord or an agent or representative of the landlord.
24 Section 25.4 of the Act is amended by adding after subsection (2) the following:
25.4(2.1) A notice referred to in subsection (2)
(a) shall set out the name of the tenant,
(b) shall state the address of the demised premises to which the notice relates,
(c) shall state the amount of the increase in rent and when the increase is to take effect, and
(d) shall be dated and signed by the landlord or an agent or representative of the landlord.
25 Section 26 of the Act is amended
(a) in subsection (2) in the portion preceding paragraph (a) by striking out "A rentalsman" and substituting "A rentalsman, in addition to carrying out any other duties or exercising any other powers under this Act or the regulations,";
(b) in paragraph (3)(a) by striking out "Sunday or holiday" and substituting "Sunday or other holiday".
26 Section 27 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
27(1) Any landlord or tenant affected by any decision made by the Chief Rentalsman under section 11.2 or section 25.41 or by any decision, order, notice of termination, notice to quit, notice to comply or order of eviction made or issued by a rentalsman, except a decision made by a rentalsman under section 11.2 or section 25.41, may, within seven days after being notified of the decision or order or being served with the notice of termination, notice to quit, notice to comply or order of eviction, apply by Notice of Application to a judge of The Court of Queen's Bench of New Brunswick to review and set aside the decision, order, notice of termination, notice to quit, notice to comply or order of eviction on the ground that it was made
(a) without jurisdiction, or
(b) on the basis of an error of law.
(b) in subsection (6) by striking out "decision, notice to quit" and substituting "decision, order, notice of termination, notice to quit";
(c) in subsection (7) by striking out "decision, notice to quit" and substituting "decision, order, notice of termination, notice to quit";
(d) in subsection (8) by striking out "decision, notice to quit" and substituting "decision, order, notice of termination, notice to quit";
(e) in subsection (9) by striking out "decision, notice to quit" and substituting "decision, order, notice of termination, notice to quit".
27 Section 28 of the Act is amended
(a) by adding after subsection (2) the following:
28(2.1) A person who fails to comply with an order of the rentalsman under subsection 6(6.7) or 8.011(1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
(b) in subsection (3) by striking out "with section 3.1, 14, 17 or 18" and substituting "with section 3.1 or 14, subsection 16(4.5) or section 17 or 18".
28 Section 28.2 of the Act is amended by striking out "section 16" and substituting "subsection 16(1)".
29 Section 29 of the Act is amended
(a) by renumbering the section as subsection 29(1);
(b) in subsection (1)
(i) by adding after paragraph (a) the following:
(a.1) prescribing accommodations or classes of accommodations for the purposes of subparagraph (b)(xv) of the definition "premises" in section 1;
(ii) by adding after paragraph (b.2) the following:
(b.3) respecting late payment fees landlords may require under section 19.1;
(iii) in paragraph (g.5) of the English version by striking out "a notice to terminate" and substituting "a notice of termination";
(c) by adding after subsection (1) the following:
29(1.1) A regulation made under paragraph (a.1) may be made retroactive.
COMMENCEMENT
30 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
(a) The existing definition is as follows:
"premises"
(a) means premises used for residential purposes,
(b) includes any house, dwelling, mobile home, apartment, flat, tenement or similar place that is occupied or may be occupied by an individual as a residence,
(c) includes any land leased as a site for a mobile home used for residential purposes, whether or not the landlord also leases that mobile home to the tenant,
(d) does not include premises occupied for business purposes with living accommodation attached under a single tenancy agreement,
(e) does not include a room in a boarding house or lodging house, and
(f) does not include living accommodations occupied as a vacation home for a seasonal or temporary period;
(b) The existing definition is as follows:
"Standard Form of Lease" includes a special Standard Form of Lease for a mobile home site;
Section 2
(a) The existing provision is as follows:
3(1) A landlord
(a) shall deliver the premises to the tenant in a good state of repair and fit for habitation;
(b) The existing provision is as follows:
3(2) Subsection (1) applies whether any state of non-repair or unfitness for habitation existed to the knowledge of the tenant before the tenancy agreement was entered into or arose thereafter.
Section 3
(a) New provision.
(b) The existing provision is as follows:
5(2) Where a tenant on whom a notice under subsection (1) is served fails to comply with his obligations within the time prescribed by regulation the landlord may so advise a rentalsman by notice and shall include a copy of the notice served on the tenant under subsection (1).
Section 4
(a) New provision.
(b) The existing provision is as follows:
6(2) Where a landlord on whom a notice under subsection (1) is served fails to comply with his obligations within the time prescribed by regulation the tenant may so advise a rentalsman by notice and shall include a copy of the notice served on the landlord under subsection (1).
(c) The existing provision is as follows:
6(3) Where a rentalsman receives the notice under subsection (2) or is informed under subsection (2.1), he
(a) may conduct an investigation, and
(b) may inspect the premises,
and after conducting an investigation or inspecting the premises or both may, subject to subsection (8), require the landlord to comply with his obligations within the time established by the rentalsman.
(d) New provisions.
Section 5
(a) The existing provision is as follows:
8(2) A security deposit is to provide security against the tenant's failure to pay rent or his failure to comply with his obligation respecting cleanliness or repair of the premises or any chattels provided therein by the landlord under paragraph 4(1)(a) or (b).
(b)(i) The existing provision is as follows:
8(6) A rentalsman
(a) shall establish and maintain in his records separate accounts of each tenant and of all money received under subsections (7), (7.1), (8) and (10);
(b)(ii) The existing provision is as follows:
8(6) A rentalsman...
(b) shall credit the tenant's account with the amounts received under subsections (7), (7.1), (8) and (10);
(c) The existing provision is as follows:
8(7.1) Where a lease providing for a security deposit is entered into after this subsection comes into force and the tenant delivers the security deposit or any portion thereof to the landlord or an agent or representative of the landlord, the landlord shall deliver or cause to be delivered this amount to the rentalsman within seven days of receipt thereof.
(d) The existing provision is as follows:
8(7.2) Any person who receives an amount of money as a security deposit for or on behalf of a landlord after the coming into force of this subsection shall deliver that amount to the rentalsman within seven days of the receipt thereof.
(e) The existing provision is as follows:
8(10) Where...
(b) a landlord or any other person delivers to a rentalsman an amount in accordance with subsection (7), (7.1) or (7.2); or ...
the rentalsman shall deliver to the landlord a certificate to the effect that an amount prescribed therein is held by him as a security deposit in respect of premises designated therein.
(f) The existing provision is as follows:
8(11) The certificate referred to in subsection (10) shall be a sufficient basis upon which
(a) the landlord may make a claim in respect of the failure of the tenant to comply with the obligations of the tenant in respect of which the security deposit was made, up to the amount set out in the certificate, or
(b) the landlord may request under subsection (12.1) a rentalsman to maintain all or a portion of the security deposit of a tenant in the security deposit fund.
(g) The existing provision is as follows:
8(12) Where a tenancy has terminated and the tenant has failed to perform any of his obligations in respect of which the security deposit was made, the rentalsman, upon a claim being made by the landlord within seven days after the termination of the tenancy and upon conducting a proper investigation, may use all or a portion of the security deposit toward the discharge of such obligation.
(h) The existing provision is as follows:
8(12.01) Subject to section 27, any decision made by a rentalsman under subsection (12) in respect of the security deposit of a tenant is final and binding on the landlord and the tenant.
(i) New provision.
(j) The existing provision is as follows:
8(12.03) Where, during an investigation, a rentalsman determines that all or a portion of a claim made by a landlord in respect of a security deposit in accordance with subsection (12) is one that should be made in accordance with subsections (12.1) to (12.8), the rentalsman
(a) shall notify the landlord, and
(b) if he or she considers it appropriate, may extend in writing the time in which the landlord is required to act under subsections (12.3) and (12.4), whether or not the time specified in those subsections has expired.
(k) The existing provision is as follows:
8(12.1) Where
(a) a tenancy has terminated, and
(b) a landlord has a claim against the tenant relating to
(i) the tenancy, or
(ii) any real or personal property, in or to which the landlord has a right, title, estate or interest, which is associated with the premises or with the real property of which the premises forms all or a portion,
the landlord may request a rentalsman to maintain in the security deposit fund all of the security deposit of the tenant or a portion of the security deposit of the tenant equal to the landlord's claim.
(l) The existing provision is as follows:
8(12.2) Subsection (12.1) does not apply where the claim of the landlord is a claim with respect to an obligation of the tenant referred to in subsection (2).
(m) The existing provision is as follows:
8(12.6) The rentalsman shall maintain the security deposit of the tenant in the security deposit fund until the occurrence of any of the following: ...
(n) The existing provision is as follows:
8(12.7) Where the settlement of the claim in respect of which a proceeding was commenced is in favour of the landlord, in whole or in part, or relief is granted to the landlord as a result of a proceeding, the rentalsman shall, upon being served under paragraph (12.6)(b) or (c), as the case may be, use all or a portion of the security deposit of the tenant toward satisfaction of the settlement of the claim or the judgment, decision or order in respect of the proceeding.
(o) The existing provision is as follows:
8(15.1) Notwithstanding any other provision of this Act, where a tenancy has expired or terminated and a new tenancy agreement is created under section 23 the security deposit of the tenant maintained in the security deposit fund in respect of the tenancy that has expired or terminated shall remain in the security deposit fund to be used or returned in accordance with this section on the expiry or termination of the new tenancy agreement.
Section 6
(a) The existing provision is as follows:
8.01(2) Where a security deposit has been delivered to a landlord or an agent or representative of the landlord without a requirement for the security deposit under the Standard Form of Lease or without a Standard Form of Lease having been signed, the landlord shall deliver or cause to be delivered the security deposit to a rentalsman within seven days after the receipt thereof and a rentalsman may deal with the security deposit in accordance with section 8 as if it were a security deposit delivered or deposited under that section.
(b) The existing provision is as follows:
8.01(3) Any money delivered to a rentalsman or a landlord to provide security against a tenant's failure to pay rent or his failure to comply with his obligation respecting cleanliness or repair of the premises or any chattels provided therein by the landlord under paragraph 4(1)(a) or (b) shall be deemed to be a security deposit for the purposes of this Act.
Section 7
New provisions.
Section 8
The existing provision is as follows:
8.02 Where a person is convicted of an offence under section 28 for the contravention of subsection 8(7.1) or (7.2) or subsection 8.01(2), the judge may, in addition to any other penalty, order the person convicted to deliver to a rentalsman, if the tenancy continues, or to the tenant, if the tenancy has terminated, the security deposit of the tenant.
Section 9
The existing provision is as follows:
8.2(1) Sous réserve du paragraphe (2), la personne qui est propriétaire de locaux et qui n'a pas droit à un credit en vertu de l'article 2 de la Loi sur le crédit d'impôt applicable aux residences doit payer chaque année au minister des Finances un droit d'administration des locaux d'habitation, que ceux-ci soient achevés ou non.
Section 10
(a) The existing provision is as follows:
11.1(2.1) The notice referred to in subsections (1) and (2) shall be in writing and contained in a separate document.
(b) New provision.
Section 11
(a) New provision.
(b) The existing provision is as follows:
13(5) Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice within seven days of service of such notice, the landlord is deemed to have given his consent to the tenant's request.
Section 12
(a) New provision.
(b) The existing provision is as follows:
16(1) Except as provided in this section, a landlord or an agent or representative of the landlord shall not enter the demised premises during the term of a tenancy.
(c) The existing provision is as follows:
16(2) Where
(a) a tenant has abandoned the demised premises; or
(b) an emergency is present;
a landlord or an agent or representative of the landlord may enter the demised premises at any time without notice.
(d) The existing provision is as follows:
16(3) Where the landlord or an agent or representative of the landlord wishes to enter to carry out normal repairs or redecoration on the premises he may do so only after having given the tenant a minimum of seven days notice.
(e) The existing provision is as follows:
16(4) Where the landlord or an agent or representative of the landlord desires to enter to
(a) show the premises to prospective purchasers or mortgagees; or
(b) carry out an inspection of the premises;
he may do so only after having given the tenant a minimum of twenty-four hours notice.
(f) New provisions.
(g) The existing provision is as follows:
16(5) During the last rental period of the tenancy agreement and where the lease so provides the landlord or an agent or representative of the landlord may enter to show the premises to prospective tenants without any notice requirement.
(h) New provision.
(i) The existing provision is as follows:
16(6) Except with respect to subsection (2), an entry by a landlord or an agent or representative of the landlord is to be made on a day other than a Sunday or a holiday and between eight o'clock in the forenoon and eight o'clock in the afternoon.
(j) The existing provision is as follows:
16(7) Notwithstanding any provision of this section, where the tenant consents at the time the landlord or an agent or representative of the landlord may enter without any notice requirement.
Section 13
The existing provision is as follows:
19(1.01) The day specified in a notice to vacate shall be at least twenty days after the day on which the notice is served on the tenant unless it is served ten days or more after the day on which the rent is due, in which case the day specified in the notice shall be at least ten days after the day it is served.
Section 14
New provision.
Section 15
(a) The existing provision is as follows:
21(1) Where...
(b) the landlord so requests;
a rentalsman, without further investigation, may issue an eviction order in the form prescribed by regulation.
(b) The existing provision is as follows:
21(2) Where
(a) a landlord has served on the tenant a notice to terminate the tenancy; or
(b) a tenant has served on the landlord a notice to terminate the tenancy;
and the tenant has not vacated the demised premises on the day stated in such notice of termination, the landlord may apply to a rentalsman for an eviction order.
(c) The existing provision is as follows:
21(2.1) Where a tenant retains possession of the premises after the expiration or termination of the tenancy, the landlord may apply to the rentalsman for an eviction order.
(d) The existing provision is as follows:
21(2.2) Where a tenant has not vacated the demised premises as required in a notice to vacate served on the tenant under subsection 19(1), the landlord may apply to a rentalsman for an eviction order.
Section 16
(a) The existing provision is as follows:
24(1) A notice of termination of a tenancy is to be served...
(b) The existing provision is as follows:
24(1.1) A notice of termination under this Act shall be in writing.
Section 17
New provision.
Section 18
New provisions.
Section 19
New provision.
Section 20
New provision.
Section 21
(a) The existing provision is as follows:
25(1) Subject to subsection (1.1), (1.2) or (3), any notice, process or document to be served by or on a landlord or a tenant is sufficiently served if...
(b) New provision.
Section 22
New provisions.
Section 23
New provision.
Section 24
New provision.
Section 25
(a) The existing provision is as follows:
26(2) A rentalsman
(a) may advise landlords and tenants in tenancy matters;
(b) may receive complaints and mediate disputes between landlords and tenants;
(c) may disseminate information to educate and advise landlords and tenants of rental practices, rights and remedies;
(d) may receive and investigate complaints of conduct in alleged contravention of the law of landlord and tenant;
(e) shall make inspections, repairs, collection and payments under the provisions of sections 5 and 6;
(f) shall establish time limits under the provision of sections 5 and 6;
(g) shall carry out his duties under section 8 with respect to security deposits;
(h) may conduct investigations and inspections of premises;
(i) may receive rental and other payments under the provisions of this Act;
(j) may enter premises for the purpose of effecting his duties;
(k) may act under the provisions of section 15 with respect to disposition of chattels; and
(l) shall act under the provisions of this Act with respect to the termination of tenancies.
(b) The existing provision is as follows:
26(3) No person shall obstruct, prohibit or interfere with the right of a rentalsman
(a) to enter the premises where entry is made on a day other than a Sunday or holiday and is made between eight o'clock in the forenoon and eight o'clock in the afternoon, or
Section 26
(a) The existing provision is as follows:
27(1) Any landlord or tenant affected by any decision made by the Chief Rentalsman under section 11.2 or section 25.41 or by any decision, notice to quit, notice to comply or order of eviction made or issued by a rentalsman, except a decision made by a rentalsman under section 11.2 or section 25.41, may, within seven days after being notified of the decision or being served with the notice to quit, notice to comply or order of eviction, apply by Notice of Application to a judge of The Court of Queen's Bench of New Brunswick to review and set aside the decision, notice to quit, notice to comply or order of eviction on the ground that it was made
(a) without jurisdiction, or
(b) on the basis of an error of law.
(b) The existing provision is as follows:
27(6) An application under subsection (1) stays the operation of the decision, notice to quit, notice to comply or order of eviction in respect of which the application is made.
(c) The existing provision is as follows:
27(7) After hearing the application, the judge may allow the application and set aside the decision, notice to quit, notice to comply or order of eviction or may dismiss the application.
(d) The existing provision is as follows:
27(8) Where an application under subsection (1) is dismissed the judge shall make an order establishing the date on which the decision, notice to quit, notice to comply or order of eviction is to be effective.
(e) The existing provision is as follows:
27(9) Where a judge allows the application the judge shall set aside the decision, notice to quit, notice to comply or order of eviction and refer the matter to the rentalsman or the Chief Rentalsman, as the case may be, with directions as to the manner in which the rentalsman or the Chief Rentalsman is to proceed, and the rentalsman or the Chief Rentalsman shall proceed with the matter in accordance with those directions.
Section 27
(a) New provision.
(b) The existing provision is as follows:
28(3) A person who violates or fails to comply with section 3.1, 14, 17 or 18 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
Section 28
The existing provision is as follows:
28.2 In a prosecution for an offence in respect of a contravention of section 16, it is sufficient proof of the offence to establish that it was committed by an agent or representative of the accused whether or not the agent or representative is identified or has been prosecuted for the offence unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Section 29
(a) This amendment is consequential on the amendment made in paragraph 29(c) of this amending Act.
(b)(i) and (ii) New regulation-making authority.
(b)(iii) The existing provision is as follows:
29 The Lieutenant-Governor in Council may make regulations...
(g.5) providing for the procedure in an application to the Court by a party or a rentalsman for an order where a notice to quit, a notice to terminate or a notice to comply has been served; and
(c) New provision.
Section 30
Commencement provision.
Sunday, April 16, 2006
THE DAY FOR BOARDERS AND ROOMERS TO HAVE RIGHTS IS JUST AROUND THE CORNER!!!!
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1 comment:
Hi Charles: I think that the Bill to amend the Residential Landlord and Tenant's Act spells it out in a clear and concise manner. It seems to lay out in pretty good detail the responsibilities of both the landlord and the Tenant. and the fact that it covers both Boarding and Rooming Houses, and ensures that full protection under the law for everyone who rents anywhere except for the places that are excluded. I think it is a great step. What do you think charles is it what you can live with.
Cheers!
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