Acts and Regulations

82-218 - General

Full text
NEW BRUNSWICK
REGULATION 82-218
under the
The Residential Tenancies Act
(O.C. 82-942)
Filed November 19, 1982
Under section 29 of The Residential Tenancies Act, the Lieutenant-Governor in Council makes the following Regula­tion:
1This Regulation may be cited as the General Regulation - The Residential Tenancies Act.
2In this Regulation
“Act” means the The Residential Tenancies Act.
3Repealed: 83-109
83-109
4(1)A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint relating to the conduct of the tenant or other persons on the premises with the tenant’s consent shall comply immediately with the ten­ant’s obligations.
4(2)A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint other than one referred to in subsection (1) shall comply with the tenant’s obligations within seven days after receipt of the notice.
88-241
5Repealed: 83-109
83-109
6The time for compliance by a landlord under subsection 6(2) of the Act is seven days.
83-109
7A landlord may apply to a rentalsman under subsection 6(8) of the Act by serving on the rentalsman an applica­tion in Form 3.
8A rentalsman may terminate a tenancy under subsection 6(8) of the Act by serving on the tenant a notice to quit in Form 4.
9An application by a tenant under subsection 8(9) of the Act shall be in Form 5.
9.1The rate of the residential tenancy administration fee is 0.05 per cent.
92-170
10The Standard Form of Lease referred to in subsection 9(1) of the Act shall be in Form 6 or Form 6.1 as the case may be.
93-146
11A notice under subsection 13(4) of the Act of a request for consent to assign any right or rights under a lease shall be in Form 7.
11.1For the purposes of section 11.1 of the Act, the landlord shall not increase the rent unless he gives to the tenant,
(a) where the tenancy is for a fixed term, at least three months notice;
(b) where the tenancy runs from year to year, at least three months notice; and
(c) where the tenancy runs from month to month or week to week, at least two months notice.
83-109
12A notice of transfer by a landlord under subsection 13(8) of the Act shall be in Form 8.
13A rentalsman, in determining the period of time for storage of chattels under subsection 15(4) of the Act, shall consider all the relevant circumstances.
14(1)For the purposes of subsection 15(5) of the Act, a sale of chattels by either public auction or private sale shall be in a commercially reasonable manner.
14(2)Where a sale by a rentalsman is by public auction, the rentalsman shall
(a) serve on the landlord and the tenant at least ten days before the sale date a notice of the sale, and
(b) publish a description of the chattels in a newspaper having general circulation in the place where the premises are located.
14(3)Where a sale by a rentalsman is by private sale, the rentalsman shall serve on the landlord and the tenant at least ten days before the sale date a notice of the sale.
15A notice to quit under subsection 19(3) of the Act shall be in Form 4.
16An eviction order under subsection 21(1) of the Act shall be in Form 9.
17An eviction order under subsection 21(3) of the Act shall be in Form 9.
17.1For the purposes of subsections 6(6.1) and 15(4.1) of the Act, the rate of interest is 1.125 per cent per month com­pounded monthly or 14.36 per cent per year.
83-109; 88-241
18This Regulation comes into force on July 15, 1983.
FORM 1
Repealed: 83-109
83-109
FORM 2
Repealed: 83-109
83-109
N.B. This Regulation is consolidated to September 30, 1999.