Wilson v. Sheppard

Wilson v. Sheppard

The landlord breached his obligations by selling the property without following the Residential Tenancies Act procedures or securing a written agreement releasing him from the signed lease, and in the absence of documentation the Director's compensatory award of $6,000 for the tenant's loss and inconvenience is reasonable and is confirmed.

Citation
2023 NSSM 41
Parties
Appellant (landlord): Jordan Wilson; Respondent (tenant): Gerald Sheppard
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 June 2023
Procedural Posture
Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal dismissed; Order of the Director of Residential Tenancies confirmed
Legal Topics
Lease Breach, Compensation for Wrongful Termination, Notice Requirements Under Statute, Sale of Rented Property, Credibility Findings
Source Language
English
Residential Tenancies Contract Law Property Law Small Claims Lease Breach Compensation for Wrongful Termination Notice Requirements Under Statute Sale of Rented Property +1 more

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Parties

Jordan Wilson

Appellant (landlord)

Gerald Sheppard

Respondent (tenant)

Procedural Posture

Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether the landlord breached the lease by selling the property without following statutory termination procedures
  2. 2 Whether the Director of Residential Tenancies' award of $6,000 was appropriate compensation for the landlord's breach
  3. 3 Whether the landlord provided sufficient evidence of a valid agreement to substitute accommodation for the tenants

Ratio Decidendi

The landlord breached his obligations by selling the property without following the Residential Tenancies Act procedures or securing a written agreement releasing him from the signed lease, and in the absence of documentation the Director's compensatory award of $6,000 for the tenant's loss and inconvenience is reasonable and is confirmed.

Court Disposition

Appeal dismissed; Order of the Director of Residential Tenancies confirmed

Orders

  • Order of the Director of Residential Tenancies dated December 19, 2022 confirmed in all respects