Sehh v Universal Realty Group

Sehh v Universal Realty Group

The Director's order for termination and vacant possession was set aside because the primary cause of the apartment being unfit for habitation was the Landlord's breach of statutory condition 1 (failure to maintain and repair), not tenant uncleanliness or conduct; the December 5 Incident, viewed in context of communication and cultural barriers, did not constitute sufficient breach of good behaviour to justify eviction; Tenants nonetheless breach condition 4 (ordinary cleanliness) and must remedy housekeeping, and the Landlord must either provide a comparable, habitable unit or complete specified repairs under s.17A.

Citation
2023 NSSM 105
Parties
Appellant/tenant: Nourah Awad Al Sehh; Appellant/tenant: Medyan Khaled Al Mohamad; Respondent/landlord: Universal Realty Group
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 March 2023
Procedural Posture
Residential Tenancy Appeal (small Claims Court) / Appeal Hearing/decision on Order From Director of Residential Tenancies
Outcome
Order of the Residential Tenancies Officer for termination and vacant possession is set aside; Landlord ordered to comply with statutory condition 1 by repair or provision of comparable unit; Tenants ordered to comply with statutory conditions 3 and 4 going forward.
Legal Topics
Statutory Conditions (s.9(1)), Good Behaviour (condition 3), Ordinary Cleanliness and Damage (condition 4), Condition of Premises and Landlord Repair Obligations (condition 1), Cultural/communication Biases, Remedies — Repair or Rehousing
Source Language
English
Residential Tenancies Eviction Housing Maintenance Human Rights Statutory Conditions (s.9(1)) Good Behaviour (condition 3) Ordinary Cleanliness and Damage (condition 4) Condition of Premises and Landlord Repair Obligations (condition 1) +2 more

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Parties

Nourah Awad Al Sehh

Appellant/tenant

Medyan Khaled Al Mohamad

Appellant/tenant

Universal Realty Group

Respondent/landlord

Procedural Posture

Residential Tenancy Appeal (small Claims Court) / Appeal Hearing/decision on Order From Director of Residential Tenancies

Legal Issues

  1. 1 Whether the Tenants breached statutory conditions 3 and 4 to a degree justifying termination and vacant possession
  2. 2 Whether the apartment was unfit for habitation because of tenant uncleanliness or because of landlord maintenance neglect
  3. 3 Whether the Incident (verbal altercation and conduct by tenant's son) amounted to a breach of good behaviour warranting eviction

Ratio Decidendi

The Director's order for termination and vacant possession was set aside because the primary cause of the apartment being unfit for habitation was the Landlord's breach of statutory condition 1 (failure to maintain and repair), not tenant uncleanliness or conduct; the December 5 Incident, viewed in context of communication and cultural barriers, did not constitute sufficient breach of good behaviour to justify eviction; Tenants nonetheless breach condition 4 (ordinary cleanliness) and must remedy housekeeping, and the Landlord must either provide a comparable, habitable unit or complete specified repairs under s.17A.

Court Disposition

Order of the Residential Tenancies Officer for termination and vacant possession is set aside; Landlord ordered to comply with statutory condition 1 by repair or provision of comparable unit; Tenants ordered to comply with statutory conditions 3 and 4 going forward.

Orders

  • Order setting aside termination and vacant possession made by the Director of Residential Tenancies
  • Tenant ordered to comply with statutory conditions pursuant to s.9(1) of the Act and not breach condition #3 (good behaviour) and condition #4 (ordinary cleanliness) in the future