Lefe Holdings Inc. v. Mattatall

Lefe Holdings Inc. v. Mattatall

Landlord failed to comply with statutory obligations to provide the standard form of lease and a copy of the Act and failed to perfect the appeal by serving required notices; therefore the Director's order requiring return of the security deposit was confirmed and the appeal was dismissed.

Citation
2007 NSSM 49
Parties
Appellant/landlord: Lefe Holdings Ltd.; Appellant/landlord Representative: Glen Lefebre; Respondent/tenant: Brian M. Mattatall
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 June 2007
Procedural Posture
Residential Tenancies Security Deposit Dispute / Appeal From Director's Order Heard in Small Claims Court
Outcome
Appeal dismissed; Order of the Director confirmed
Legal Topics
Security Deposit, Standard Form of Lease, Notice to Quit, Service of Process, Appeal Perfection
Source Language
English
Residential Tenancies Landlord Tenant Law Civil Procedure Security Deposit Standard Form of Lease Notice to Quit Service of Process Appeal Perfection

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Parties

Lefe Holdings Ltd.

Appellant/landlord

Glen Lefebre

Appellant/landlord Representative

Brian M. Mattatall

Respondent/tenant

Procedural Posture

Residential Tenancies Security Deposit Dispute / Appeal From Director's Order Heard in Small Claims Court

Legal Issues

  1. 1 Whether landlord complied with statutory requirement to provide a copy of the Act and the standard form of lease
  2. 2 Whether landlord could deduct security deposit for unpaid rent/cleaning without making application under s.13
  3. 3 Whether the appeal was properly perfected by service of Notice of Appeal and Notice of Hearing

Ratio Decidendi

Landlord failed to comply with statutory obligations to provide the standard form of lease and a copy of the Act and failed to perfect the appeal by serving required notices; therefore the Director's order requiring return of the security deposit was confirmed and the appeal was dismissed.

Court Disposition

Appeal dismissed; Order of the Director confirmed

Orders

  • Landlord Lefe Holdings Ltd. shall return security deposit of $225.00 to tenant Brian M. Mattatall with applicable interest
  • Appeal is dismissed