Kelley v. Metro Housing Authority

Kelley v. Metro Housing Authority

The Landlord failed to prove the Tenant breached Statutory Condition 9(1)(4) as of the time the notice was issued because much of the evidence was outdated or unauthenticated and the relevant 2015 evidence did not establish debris, hoarding or damage beyond normal wear and tear; therefore the Director's termination order was set aside.

Citation
2015 NSSM 53
Parties
Tenant (appellant): Edwin Kelley; Landlord (respondent): Metro Regional Housing Authority
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 September 2015
Procedural Posture
Residential Tenancy Eviction Appeal to Small Claims Court / Decision on Appeal Following Hearing
Outcome
Appeal allowed; Director's May 15, 2015 order set aside; landlord's application to terminate tenancy dismissed.
Legal Topics
Termination of Tenancy, Statutory Condition 9(1)(4), Reasonable Accommodation for Disability, Hoarding and Clutter, Evidentiary Sufficiency, Photographic Evidence Authentication
Source Language
English
Residential Tenancies Housing Law Human Rights Property Law Termination of Tenancy Statutory Condition 9(1)(4) Reasonable Accommodation for Disability Hoarding and Clutter +2 more

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Parties

Edwin Kelley

Tenant (appellant)

Metro Regional Housing Authority

Landlord (respondent)

Procedural Posture

Residential Tenancy Eviction Appeal to Small Claims Court / Decision on Appeal Following Hearing

Legal Issues

  1. 1 Whether the Tenant breached Statutory Condition 9(1)(4) of the Residential Tenancies Act
  2. 2 Whether the Landlord proved entitlement to terminate the tenancy based on cleanliness, damage or hoarding as of the date of the Notice
  3. 3 Whether the Tenant's disability required reasonable accommodation under the Nova Scotia Human Rights Act

Ratio Decidendi

The Landlord failed to prove the Tenant breached Statutory Condition 9(1)(4) as of the time the notice was issued because much of the evidence was outdated or unauthenticated and the relevant 2015 evidence did not establish debris, hoarding or damage beyond normal wear and tear; therefore the Director's termination order was set aside.

Court Disposition

Appeal allowed; Director's May 15, 2015 order set aside; landlord's application to terminate tenancy dismissed.

Orders

  • Appeal allowed and order of the Director dated May 15, 2015 set aside in its entirety
  • Application by the Landlord to terminate the tenancy dismissed