Keddy v. Pine Glen Investments

Keddy v. Pine Glen Investments

The landlord had statutory rights to enter for reasonable inspections with proper notice; the tenant obstructed access necessary to address a persistent pharaoh ant infestation and thus breached statutory conditions (good behaviour and tenant obligations); the Director’s termination order was therefore appropriate and the appeal is dismissed.

Citation
2024 NSSM 51
Parties
Appellant/tenant: Sara Keddy; Respondent/landlord: Ross McKeil operating as Pine Glen Investments
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 July 2024
Procedural Posture
Residential Tenancies Appeal / Appeal Hearing and Decision
Outcome
Appeal dismissed; Director of Residential Tenancies Order dated June 11, 2024 upheld; tenancy termination affirmed (vacant possession required effective July 6, 2024).
Legal Topics
Eviction/termination of Tenancy, Entry and Inspection, Good Behaviour Obligations, Pest Infestation Control, Notice of Entry Requirements
Source Language
English
Residential Tenancies Landlord and Tenant Housing Small Claims Court Eviction/termination of Tenancy Entry and Inspection Good Behaviour Obligations Pest Infestation Control +1 more

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Parties

Sara Keddy

Appellant/tenant

Ross McKeil operating as Pine Glen Investments

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal / Appeal Hearing and Decision

Legal Issues

  1. 1 Whether the landlord validly terminated the tenancy for breach of statutory conditions under the Residential Tenancies Act
  2. 2 Whether the landlord provided proper written notice of entry for inspections as required by statute
  3. 3 Whether the tenant obstructed reasonable inspections necessary to address a pest infestation

Ratio Decidendi

The landlord had statutory rights to enter for reasonable inspections with proper notice; the tenant obstructed access necessary to address a persistent pharaoh ant infestation and thus breached statutory conditions (good behaviour and tenant obligations); the Director’s termination order was therefore appropriate and the appeal is dismissed.

Court Disposition

Appeal dismissed; Director of Residential Tenancies Order dated June 11, 2024 upheld; tenancy termination affirmed (vacant possession required effective July 6, 2024).

Orders

  • Appeal dismissed and Director's Order dated June 11, 2024 is upheld.
  • Tenant's request for additional time to vacate is denied; tenant must vacate in accordance with the Director's Order effective July 6, 2024.