Ayaz v. Rafuse

Ayaz v. Rafuse

Because the landlord failed to provide reliable, safe domestic water (breach of statutory duty), the tenants were entitled to proportionate rent abatements and consequential damages; the landlord must refund the excess security deposit reduced by the small offset for arrears and may retain a lawful deposit pending a timely damage claim to the Director of Residential Tenancies.

Citation
2022 NSSM 48
Parties
Appellant (tenant): Usman Ayaz; Appellant (tenant): Qudsia Javed; Respondent (landlord): Petch Rafuse
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 September 2022
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court De Novo Hearing) / Decision (reasons for Decision and Order)
Outcome
Appeal allowed in part; original Director order set aside and replaced by this court's order
Legal Topics
Habitability, Water Quality, Rent Abatement, Security Deposit Limits, Consequential Damages, Rent Withholding, Appeal De Novo
Source Language
English
Residential Tenancies Landlord Tenant Law Property Health and Safety Habitability Water Quality Rent Abatement Security Deposit Limits +3 more

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Parties

Usman Ayaz

Appellant (tenant)

Qudsia Javed

Appellant (tenant)

Petch Rafuse

Respondent (landlord)

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court De Novo Hearing) / Decision (reasons for Decision and Order)

Legal Issues

  1. 1 Whether landlord breached statutory duty to provide habitable premises by providing unsafe or intermittently unsafe well water
  2. 2 Whether tenants were entitled to a rent abatement and consequential damages for lack of usable water
  3. 3 Whether tenants were justified in withholding rent and the correct offset against amounts owed

Ratio Decidendi

Because the landlord failed to provide reliable, safe domestic water (breach of statutory duty), the tenants were entitled to proportionate rent abatements and consequential damages; the landlord must refund the excess security deposit reduced by the small offset for arrears and may retain a lawful deposit pending a timely damage claim to the Director of Residential Tenancies.

Court Disposition

Appeal allowed in part; original Director order set aside and replaced by this court's order

Orders

  • Tenants are owed $7,112.07 by the landlord representing rent abatement, damages and costs.
  • Tenants owe landlord $7,200.00 for arrears of rent.