Bray v. Denny

Bray v. Denny

Because there was no written lease or copy of the Residential Tenancies Act provided, the tenant validly gave notice ending the tenancy on August 31, 2017; the landlord re-entered and took possession thereafter; the court found the tenant had paid a security deposit and September rent and ordered the landlord to repay both, confirming the Director's order.

Citation
2018 NSSM 50
Parties
Appellant/landlord: Kevin Bray; Respondent/tenant: Vance Denny
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 May 2018
Procedural Posture
Appeal Under Residential Tenancies Act to Small Claims Court / Hearing and Decision on Appeal (trial De Novo)
Outcome
Appeal dismissed; Director's order confirmed.
Legal Topics
Security Deposit, Notice to Quit, Rent in Lieu, Service of Process, Trial De Novo
Source Language
English
Residential Tenancies Property Contract Law Small Claims Procedures Security Deposit Notice to Quit Rent in Lieu Service of Process +1 more

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Parties

Kevin Bray

Appellant/landlord

Vance Denny

Respondent/tenant

Procedural Posture

Appeal Under Residential Tenancies Act to Small Claims Court / Hearing and Decision on Appeal (trial De Novo)

Legal Issues

  1. 1 Whether a security deposit of $487.50 was paid and is recoverable by the tenant
  2. 2 Whether the tenant is entitled to repayment of September 2017 rent ($1,075.00) given notice and landlord re-entry
  3. 3 Whether failure to provide a written lease or copy of the Residential Tenancies Act affects notice periods and tenancy termination

Ratio Decidendi

Because there was no written lease or copy of the Residential Tenancies Act provided, the tenant validly gave notice ending the tenancy on August 31, 2017; the landlord re-entered and took possession thereafter; the court found the tenant had paid a security deposit and September rent and ordered the landlord to repay both, confirming the Director's order.

Court Disposition

Appeal dismissed; Director's order confirmed.

Orders

  • Landlord pay Tenant $1,562.50 representing $487.50 security deposit and $1,075.00 September rent.
  • Order effective immediately.