Chater v. Nickerson

Chater v. Nickerson

The adjudicator found the $5,000 was a deposit intended toward purchase (not a security deposit), accepted the landlord's evidence of damage and awarded repair costs of $4,350 discounted 25% for betterment ($3,262.50), found the tenant had paid last month's rent entitling her to return of $1,200 and $14 interest, applied estoppel to deny rent refund for increase, and entered judgment for the respondent in the net amount of $2,951.50.

Citation
2012 NSSM 4
Parties
Appellant (landlord): Joumana Chater; Respondent (tenant): Michelle L. Smith Nickerson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 February 2012
Procedural Posture
Small Claims Court Appeal From Residential Tenancy Board / Trial De Novo Decision
Outcome
Director's Order varied; judgment entered for respondent in the amount of $2,951.50
Legal Topics
Security Deposit, Deposit Toward Purchase, Rent Increase, Estoppel, Damages, Betterment
Source Language
English
Residential Tenancy Property Contract Small Claims Security Deposit Deposit Toward Purchase Rent Increase Estoppel +2 more

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Parties

Joumana Chater

Appellant (landlord)

Michelle L. Smith Nickerson

Respondent (tenant)

Procedural Posture

Small Claims Court Appeal From Residential Tenancy Board / Trial De Novo Decision

Legal Issues

  1. 1 Whether $5,000 paid by tenant was a security deposit or a deposit toward purchase of the home
  2. 2 Whether landlord must return deposit and interest less cost of damages
  3. 3 Whether tenant is entitled to refund for rent increase due to lack of written notice

Ratio Decidendi

The adjudicator found the $5,000 was a deposit intended toward purchase (not a security deposit), accepted the landlord's evidence of damage and awarded repair costs of $4,350 discounted 25% for betterment ($3,262.50), found the tenant had paid last month's rent entitling her to return of $1,200 and $14 interest, applied estoppel to deny rent refund for increase, and entered judgment for the respondent in the net amount of $2,951.50.

Court Disposition

Director's Order varied; judgment entered for respondent in the amount of $2,951.50

Orders

  • Appellant/Landlord to pay Respondent $2,951.50