Wentzell v. NW

Wentzell v. NW

On a de novo review the adjudicator accepted the contemporaneous and subsequent witness statements and police report, found the tenants not credible and unlikely to have remedied the conduct, balanced the rights of all tenants and concluded the persistent disruptive behaviour justified terminating the tenancy despite asserted disabilities; therefore the tenancy is terminated and vacant possession ordered by the specified date.

Citation
2025 NSSM 42
Parties
Landlord: Bernard Wentzell; Landlord: Peggie Wentzell; Tenant: NW; Tenant: JR
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 July 2025
Procedural Posture
Residential Tenancies Appeal / Decision (de Novo Appeal Hearing)
Outcome
Appeal allowed; tenancy terminated
Legal Topics
Termination of Tenancy, Breach of Good Behaviour, Noise and Nuisance, Disability Accommodation, Evidentiary Weight and Credibility
Source Language
English
Landlord and Tenant Law Residential Tenancy Small Claims Procedure Termination of Tenancy Breach of Good Behaviour Noise and Nuisance Disability Accommodation Evidentiary Weight and Credibility

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Parties

Bernard Wentzell

Landlord

Peggie Wentzell

Landlord

NW

Tenant

JR

Tenant

Procedural Posture

Residential Tenancies Appeal / Decision (de Novo Appeal Hearing)

Legal Issues

  1. 1 Whether the tenants breached the statutory obligation to maintain good behaviour
  2. 2 Whether the tenancy should be terminated as a remedy
  3. 3 Whether the tenants' asserted disabilities required accommodation that would preclude termination

Ratio Decidendi

On a de novo review the adjudicator accepted the contemporaneous and subsequent witness statements and police report, found the tenants not credible and unlikely to have remedied the conduct, balanced the rights of all tenants and concluded the persistent disruptive behaviour justified terminating the tenancy despite asserted disabilities; therefore the tenancy is terminated and vacant possession ordered by the specified date.

Court Disposition

Appeal allowed; tenancy terminated

Orders

  • Tenants ordered to vacate Apartment 1, 6 Alexandra Avenue, Bridgewater on or before August 31, 2025 at 11:00 59 p.m.
  • Tenants are responsible for rent prorated to the date they vacate the apartment.