Can a landlord shut off heat, water or electricity?
Short answer
No. In Newfoundland and Labrador neither landlord nor tenant may disconnect heat, water or electric power to the rental unit without the other's written consent (Statutory Condition 8), and unpaid rent is no exception.
Not without the tenant's written consent. Statutory Condition 8 says a landlord or tenant shall not, without the written consent of the other party, disconnect or cause to be disconnected heat, water or electric power services being provided to the residential premises. The condition has no exception for unpaid rent; the route for that is a notice under section 19 and an application to the director. Its text has no exception for repairs either, so for a planned shut-off, get the tenant's written consent. Who pays for which utilities is a term of the rental agreement rather than a rule of the Act; where the tenant pays an amount to the landlord for the cost of utilities, it counts as rent (s.2(g)(ii)). A tenant whose services are cut off may apply to the director for an order and compensation (s.42, s.47), and contravening the Act is an offence with a fine of up to $3,000 for an individual or $10,000 for a corporation (s.51).
- Where this comes from
- Section 10, Statutory Condition 8; Section 2(g)(ii); Section 51, Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed
- Official sources
- Residential Tenancies Act, 2018 (official text)