Reid v. Hazel View Properties Inc.

Reid v. Hazel View Properties Inc.

The March 25, 2020 COVID notice nullified the January 2020 increase because it removed any effective date and communicated that rent would continue at the current level; the November 26, 2020 letter reinstating the credit withdrawal and stating a Jan 1, 2021 effective date did not comply with s.11's four-month prior notice to the June 1 anniversary and resulted in two increases within 12 months; therefore the purported $60 increase as of Jan 1, 2021 is invalid, the correct rents are $1,667.70 effective June 1, 2021 and $1,701.05 effective June 1, 2022, and the request for vacant possession is granted with termination July 31, 2022.

Citation
2022 NSSM 19
Parties
Appellant/tenant: Cortney Reid; Respondent/landlord: Hazelview Properties Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 June 2022
Procedural Posture
Small Claims Court Residential Tenancy Appeal / Appeal of Director's Order / Hearing on Appeal
Outcome
Appeal allowed in part: the January 1, 2021 $60 reinstated increase set aside; subsequent increases adjusted and upheld where compliant; vacant possession ordered.
Legal Topics
Rent Increase Validity, Notice Requirements, Vacant Possession / Eviction, Promissory Estoppel, Statutory Rent Increase Caps
Source Language
English
Residential Tenancy Law Administrative Law Property Law Rent Increase Validity Notice Requirements Vacant Possession / Eviction Promissory Estoppel Statutory Rent Increase Caps

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Parties

Cortney Reid

Appellant/tenant

Hazelview Properties Inc.

Respondent/landlord

Procedural Posture

Small Claims Court Residential Tenancy Appeal / Appeal of Director's Order / Hearing on Appeal

Legal Issues

  1. 1 Whether the January 2020 rental increase remained valid after the Landlord's March 25, 2020 COVID notice
  2. 2 Whether the November 26, 2020 notice validly reinstated the $60/month increase in compliance with s.11 RTA notice requirements
  3. 3 Whether the landlord's accounting (credits) could create an effective increase absent an effective date and proper notice

Ratio Decidendi

The March 25, 2020 COVID notice nullified the January 2020 increase because it removed any effective date and communicated that rent would continue at the current level; the November 26, 2020 letter reinstating the credit withdrawal and stating a Jan 1, 2021 effective date did not comply with s.11's four-month prior notice to the June 1 anniversary and resulted in two increases within 12 months; therefore the purported $60 increase as of Jan 1, 2021 is invalid, the correct rents are $1,667.70 effective June 1, 2021 and $1,701.05 effective June 1, 2022, and the request for vacant possession is granted with termination July 31, 2022.

Court Disposition

Appeal allowed in part: the January 1, 2021 $60 reinstated increase set aside; subsequent increases adjusted and upheld where compliant; vacant possession ordered.

Orders

  • Tenancy terminates and Tenant shall give up vacant possession of Apartment 110, 16 Bently Drive, Halifax, Nova Scotia on July 31, 2022.
  • No monetary payment order issued; in light of revised rent calculations there is no outstanding amount owing by the Tenant as at decision and the Tenant has a credit.