Thompson v. Cygnet Properties Ltd.

Thompson v. Cygnet Properties Ltd.

The adjudicator found the landlord had a municipal Notice to Comply requiring cessation of rooming house use, the landlord offered reasonable alternative accommodation, the tenant unreasonably refused alternatives and placed boards/alterations on entry doors in breach of the statutory condition; therefore termination of tenancy was appropriate but a reasonable short extension to vacate was ordered; claims for lock damage and sink repairs were not proven and dismissed; each party bears their own costs.

Citation
2016 NSSM 42
Parties
Appellant/tenant: Steven N. Thompson; Respondent/landlord: Cygnet Properties Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 March 2016
Procedural Posture
Appeal of Residential Tenancies Director Decision to Small Claims Court / Decision Following New Hearing
Outcome
Appeal allowed in part and Director's order varied
Legal Topics
Eviction, Notice to Quit, Rooming House Licensing, Repairs and Maintenance, Lock Alteration and Entry Doors, Rent Liability, Costs
Source Language
English
Residential Tenancies Landlord and Tenant Municipal Land Use Eviction Notice to Quit Rooming House Licensing Repairs and Maintenance Lock Alteration and Entry Doors +2 more

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Parties

Steven N. Thompson

Appellant/tenant

Cygnet Properties Ltd.

Respondent/landlord

Procedural Posture

Appeal of Residential Tenancies Director Decision to Small Claims Court / Decision Following New Hearing

Legal Issues

  1. 1 Whether the tenancy should be terminated and tenant ordered to vacate
  2. 2 Whether the landlord’s Notice to Comply from HRM justified eviction steps
  3. 3 Whether the tenant altered locks/placed boards in breach of statutory conditions

Ratio Decidendi

The adjudicator found the landlord had a municipal Notice to Comply requiring cessation of rooming house use, the landlord offered reasonable alternative accommodation, the tenant unreasonably refused alternatives and placed boards/alterations on entry doors in breach of the statutory condition; therefore termination of tenancy was appropriate but a reasonable short extension to vacate was ordered; claims for lock damage and sink repairs were not proven and dismissed; each party bears their own costs.

Court Disposition

Appeal allowed in part and Director's order varied

Orders

  • Tenant Steven N. Thompson shall vacate Unit #1, 1130 Lucknow Street by 11:59 p.m. on April 14, 2016.
  • Tenant shall be liable for rent of 535.00 CAD for March 2016 and 249.67 CAD for April 2016 up to April 14, 2016.