Hunter v. Baxter

Hunter v. Baxter

Court found tenant liable for unpaid May rent of $625 and ordered payment; withheld June rent up to the date of termination due to finding that some rebate was appropriate for water outage but insufficient evidence to quantify a monetary abatement; security deposit of $350 retained by landlord to apply against damages which are acknowledged to exceed the deposit but are not quantified due to lack of invoices; tenancy terminated and tenant ordered to vacate by June 17, 2014; claims for additional damages, oil compensation and personal injury were denied or left undecided for lack of quantification or evidence.

Citation
2014 NSSM 24
Parties
Appellant/tenant: Michael Neil Wade Hunter; Respondent/landlord: John Stephen Baxter
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 June 2014
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Decision on Appeal (trial De Novo)
Outcome
Appeal allowed in part; Director's Order varied as set out in this decision.
Legal Topics
Rent Abatement, Security Deposit, Nonpayment of Rent, Property Damage, Termination of Tenancy, Personal Injury (alleged)
Source Language
English
Landlord and Tenant Residential Tenancies Property Damage Small Claims Eviction/termination Rent Abatement Security Deposit Nonpayment of Rent +2 more

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Parties

Michael Neil Wade Hunter

Appellant/tenant

John Stephen Baxter

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Decision on Appeal (trial De Novo)

Legal Issues

  1. 1 Whether tenant is entitled to rent abatement for water being turned off
  2. 2 Whether landlord may retain the security deposit to cover property damage and in what amount
  3. 3 Whether tenant owes unpaid rent for May and June and the extent of that liability

Ratio Decidendi

Court found tenant liable for unpaid May rent of $625 and ordered payment; withheld June rent up to the date of termination due to finding that some rebate was appropriate for water outage but insufficient evidence to quantify a monetary abatement; security deposit of $350 retained by landlord to apply against damages which are acknowledged to exceed the deposit but are not quantified due to lack of invoices; tenancy terminated and tenant ordered to vacate by June 17, 2014; claims for additional damages, oil compensation and personal injury were denied or left undecided for lack of quantification or evidence.

Court Disposition

Appeal allowed in part; Director's Order varied as set out in this decision.

Orders

  • Appellant Michael Neil Wade Hunter shall pay outstanding rent for May in the amount of $625.00.
  • The security deposit of $350.00 and any interest thereon shall remain with the landlord/respondent.