A. Keating Investments Limited v. MacLean

A. Keating Investments Limited v. MacLean

Adjudicator found rent arrears of $3,400.00 but allowed a $1,000.00 set-off for the landlord’s failure to remedy a prolonged electrical deficiency; found landlord failed to comply fully with abandoned property Regulations so reduced removal charge by $300.00; accepted that cleaning and washdown costs were incurred and awardable based on witness evidence; declined to award HST on the claimed amounts absent receipts and because costs were internally incurred.

Citation
2017 NSSM 87
Parties
Appellant (landlord): A. Keating Investments Limited/Allan Keating; Respondent (tenant): Samuel MacLean; Respondent (tenant): Victoria Robinson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2017
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Hearing and Judgment (reasons for Decision)
Outcome
Judgment entered in part for Appellant. Award against Respondent Victoria Robinson (and estate of Samuel MacLean) in the amount of $5,992.61 with specified set-offs; appeal allowed in part and dismissed in part.
Legal Topics
Abandoned Property, Rent Arrears, Set Off, Cleaning and Removal Costs, Statutory Conditions, Compliance With Regulations, HST on Damages
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Small Claims Abandoned Property Rent Arrears Set Off Cleaning and Removal Costs +3 more

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Parties

A. Keating Investments Limited/Allan Keating

Appellant (landlord)

Samuel MacLean

Respondent (tenant)

Victoria Robinson

Respondent (tenant)

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Hearing and Judgment (reasons for Decision)

Legal Issues

  1. 1 Whether rent arrears were owing and payable by the Tenants
  2. 2 Whether Landlord is entitled to costs for cleaning and removal of personal items left on premises
  3. 3 Whether Landlord complied with statutory Regulations for abandoned personal property (inventory, Director notice)

Ratio Decidendi

Adjudicator found rent arrears of $3,400.00 but allowed a $1,000.00 set-off for the landlord’s failure to remedy a prolonged electrical deficiency; found landlord failed to comply fully with abandoned property Regulations so reduced removal charge by $300.00; accepted that cleaning and washdown costs were incurred and awardable based on witness evidence; declined to award HST on the claimed amounts absent receipts and because costs were internally incurred.

Court Disposition

Judgment entered in part for Appellant. Award against Respondent Victoria Robinson (and estate of Samuel MacLean) in the amount of $5,992.61 with specified set-offs; appeal allowed in part and dismissed in part.

Orders

  • Tenant Victoria Robinson to pay rental arrears $2,400.00 (after $1,000.00 set-off)
  • Tenant to pay removal of personal items $364.00 (after $300.00 set-off)