Highfield Park v. Diamond

Highfield Park v. Diamond

The Director's order was confirmed because the landlord failed to act with reasonable diligence in processing the tenant's assignment request and ought reasonably to have secured a replacement by January 15, 2023; therefore the tenant was entitled to compensation for the resulting rent loss (16 days of January, all of February, and the application fee).

Citation
2023 NSSM 73
Parties
Appellant (landlord): Highfield Park Residential Inc.; Respondent (tenant): Vincent Diamond
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2023
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal Confirming Residential Tenancies Order
Outcome
Order of the Director of Residential Tenancies dated June 21, 2023 confirmed; landlord ordered to pay tenant.
Legal Topics
Lease Assignment, Unreasonable Withholding of Consent, Compensation for Delay, Security Deposit Handling
Source Language
English
Residential Tenancies Landlord and Tenant Law Housing Lease Assignment Unreasonable Withholding of Consent Compensation for Delay Security Deposit Handling

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Parties

Highfield Park Residential Inc.

Appellant (landlord)

Vincent Diamond

Respondent (tenant)

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal Confirming Residential Tenancies Order

Legal Issues

  1. 1 Whether the landlord acted with reasonable diligence in processing the tenant's request to assign the lease
  2. 2 Whether the landlord unreasonably withheld or delayed consent to an assignment
  3. 3 Whether the tenant is entitled to compensation for rent paid due to delay in assignment

Ratio Decidendi

The Director's order was confirmed because the landlord failed to act with reasonable diligence in processing the tenant's assignment request and ought reasonably to have secured a replacement by January 15, 2023; therefore the tenant was entitled to compensation for the resulting rent loss (16 days of January, all of February, and the application fee).

Court Disposition

Order of the Director of Residential Tenancies dated June 21, 2023 confirmed; landlord ordered to pay tenant.

Orders

  • Order of the Director of Residential Tenancies dated June 21, 2023 is confirmed
  • Landlord shall pay the tenant the sum of $1,425.99