Harnish v. Hubley

Harnish v. Hubley

On a balance of probabilities the tenants committed material breaches—rent arrears beyond thirty days, breach of the one-dog lease provision and threatening/intimidating conduct violating Statutory Condition 3—there was insufficient evidence of water contamination to require rent in trust, landlord entries were on proper notice; therefore tenancy is terminated and landlord is awarded judgment with specified abatements and offsets.

Citation
2018 NSSM 86
Parties
Tenant: Michael John Harnish; Tenant: Shanna Wournell; Landlord: Nadine Hubley Parnell
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 March 2018
Procedural Posture
Small Claims Residential Tenancy / Decision (adjudication)
Outcome
Tenancy terminated; vacant possession ordered by 11:59 pm on April 9, 2018; judgment awarded to landlord in the amount of $3,231.15 CAD.
Legal Topics
Eviction, Rent Arrears, Breach of Lease, Good Behaviour / Threats, Unauthorized Pets, Entry and Notice, Rent Abatement, Security Deposit
Source Language
English
Residential Tenancies Landlord and Tenant Law Contract Law Property Law Health and Safety Eviction Rent Arrears Breach of Lease +5 more

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Parties

Michael John Harnish

Tenant

Shanna Wournell

Tenant

Nadine Hubley Parnell

Landlord

Procedural Posture

Small Claims Residential Tenancy / Decision (adjudication)

Legal Issues

  1. 1 Whether tenancy should be terminated for breach of lease and statutory condition (Good Behaviour) and rent arrears
  2. 2 Whether tenants were entitled to pay rent into trust or obtain repairs/remedies for alleged water contamination and deficiencies
  3. 3 Whether landlord entry was lawful

Ratio Decidendi

On a balance of probabilities the tenants committed material breaches—rent arrears beyond thirty days, breach of the one-dog lease provision and threatening/intimidating conduct violating Statutory Condition 3—there was insufficient evidence of water contamination to require rent in trust, landlord entries were on proper notice; therefore tenancy is terminated and landlord is awarded judgment with specified abatements and offsets.

Court Disposition

Tenancy terminated; vacant possession ordered by 11:59 pm on April 9, 2018; judgment awarded to landlord in the amount of $3,231.15 CAD.

Orders

  • Tenants shall give vacant possession of the premises on or before 11:59 pm on April 9, 2018 and the tenancy is terminated as of that time
  • All obligations under the lease and the Residential Tenancies Act apply until termination