Acts and Regulations

82-218 - General

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Document at 29 April 2019
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.(Loi)
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
4.1A notice to quit under subsection 5(4) or 6(8) of the Act shall be in Form 4.
2010-47
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 residential tenancies officer under subsection 6(8) of the Act by serving on the residential tenancies officer an applica­tion in Form 3.
2017-41
8Repealed: 2010-47
2010-47
9An application by a tenant under subsection 8(9) of the Act shall be in Form 5.
9.1(1)Subject to subsections (2) and (2.1), the rate of the residential tenancy administration fee is 0.05%.
9.1(2)For the year 2010, the rate to be used in subsection (1) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act.
9.1(2.1)For the year 2011 and every subsequent year, the rate to be used in subsection (1) is 0.0486%.
9.1(3)Repealed: 2010, c.35, s.7
92-170; 2009, c.15, s.8; 2010, c.35, s.7
10The Standard Form of Lease referred to in subsection 9(1) of the Act shall be in Form 6.
93-146; 2010-47
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 residential tenancies officer, in determining the period of time for storage of chattels under subsection 15(4) of the Act, shall consider all the relevant circumstances.
2017-41
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 residential tenancies officer is by public auction, the residential tenancies officer 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 residential tenancies officer is by private sale, the residential tenancies officer shall serve on the landlord and the tenant at least ten days before the sale date a notice of the sale.
2017-41
14.1If the rent was given in the form of a cheque or other negotiable instrument that was subsequently dishonoured and a late payment fee may be charged by the landlord under section 19.1 of the Act, the amount of the late payment fee is the amount of the NSF (not sufficient funds) charges
(a) that were charged by a financial institution to the landlord as a result of the dishonouring of the instrument, and
(b) that are proved by the landlord by a receipt or statement from the financial institution.
2010-47
15Repealed: 2010-47
2010-47
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 subsection 6(6.1), paragraph 8.02(b) and subsection 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; 2010-47
18This Regulation comes into force on July 15, 1983.
FORM 1
Repealed: 83-109
83-109
FORM 2
Repealed: 83-109
83-109
FORM 6.1
Repealed: 2010-47
2010-47
N.B. This Regulation is consolidated to May 15, 2018.