‘They kind of blew it’: N.B. couple says province let them down in fight with landlord

Hannah Simpson and Andrew Kingston say they feel let down by the New Brunswick office meant to help tenants resolve issues with their landlords after they say they were renovicted following complaints about maintenance issues.

“It was stress beyond belief,” Kingston said in an interview from Moncton on Tuesday.

They say they had to pile on the blankets when they moved into their downtown Moncton rental in December 2022 as the heating system wasn’t working.

When Simpson contacted the landlords, Sang Le and Thy Vo, they allege their landlords responded that maintenance of the unit was part of the tenant’s responsibilities, according to e-mail correspondence provided to Global News.

According to New Brunswick tenancy laws, it’s the landlord’s responsibility to “provide a rental unit that is well-maintained and meets all housing and building standards,”

Simpson contacted the Residential Tenancy Tribunal, now known as the Tenant and Landlord Relations Office (TRLO), for help.

“The tribunal basically told us that the landlord was responsible for it and all they could do was ask him to fix it, but nothing else.”

Simpson and Kingston spent thousands of dollars on heating oil that the malfunctioning furnace would quickly burn up without providing heat, they say.

Le and Vo did partially reimburse them for the oil, and provided electric space heaters before the furnace was finally fixed in March.

Simpson said there were also issues with mice in the building, as well as a leak, which she repeatedly asked the landlords to address.

In May, just six months after they moved in, they say they received a notice of termination from Le and Vo.

“(Le) said that he wanted to repair the building from all of these issues that we brought up,” Simpson said.

“(The TRLO) took 15 or 16 days to get back to us and we had already secured a new apartment to live in,” she said.

Simpson said she and Kingston didn’t want to wait for the tribunal’s answer for fear of becoming homeless if they didn’t secure a new living arrangement.

A little over two weeks after they moved out, the unit, they say, was listed for $2,400 a month.

Simpson and Kingston had been paying $980 a month.

Simpson inquired with the tribunal, wondering if the eviction had been legitimate, given the short amount of time the renovations took.

In September, a tribunal officer told Simpson that Le and Vo had provided “receipts from various stores to prove the renovations” and that she was satisfied with the evidence.

Global News reached out to Le and Vo, who declined to comment.

Kingston and Simpson said the experience was draining and frustrating.

“When we contacted the tribunal about getting help, they were very dismissive of us,” Simpson said.

“We didn’t get any actual help from them. I don’t think it’s fair that there are so many people in New Brunswick that are getting no help,” she said.

On June 16, new legislation came into effect in New Brunswick. It requires landlords who want to terminate a lease to renovate properties to apply to the LTRO and provide proof of the work being done. The law also says it’s necessary for the unit to be vacant.

Any work must begin within two months of approval.

Since Kingston and Simpson’s application for help was made in May, that legislation didn’t apply to their case.

Kingston said moving in and out of the unit, all within the span of half a year, was expensive and nerve-wracking.

“It was kind of like we were backed into a corner,” he said.

“(The TRLO) was kind of our last hope and they kind of blew it on us,” he said.

In response to Global News’ inquiry, a spokesperson for NB Housing said they couldn’t comment on individual cases, but “TLRO works to help both tenants and landlords navigate the rental landscape and any issues that may occur. TLRO will always work to ensure situations are resolved in an efficient manner.”