Shortt v. Jennings

Shortt v. Jennings

Adjudicator found tenants objectively communicated and substantially effected abandonment before July 2; landlord reasonably changed locks to secure abandoned premises and mitigate loss; tenants remained liable for rent and mitigation expenses; net judgment awarded to landlord after crediting security deposit.

Citation
2010 NSSM 61
Parties
Landlord (appellant): Allan E. Shortt; Tenant (respondent): David Jennings; Tenant (respondent): Brent Van Noord
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 October 2010
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal allowed; Director’s finding that landlord unlawfully changed locks set aside; judgment entered for landlord.
Legal Topics
Abandonment, Changing Locks, Mitigation of Damages, Security Deposit, Entry of Premises
Source Language
English
Residential Tenancies Property Law Contract Law Abandonment Changing Locks Mitigation of Damages Security Deposit Entry of Premises

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Parties

Allan E. Shortt

Landlord (appellant)

David Jennings

Tenant (respondent)

Brent Van Noord

Tenant (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether tenants abandoned the premises
  2. 2 Whether the landlord lawfully changed the locks
  3. 3 Whether the tenancy was thereby terminated by the landlord

Ratio Decidendi

Adjudicator found tenants objectively communicated and substantially effected abandonment before July 2; landlord reasonably changed locks to secure abandoned premises and mitigate loss; tenants remained liable for rent and mitigation expenses; net judgment awarded to landlord after crediting security deposit.

Court Disposition

Appeal allowed; Director’s finding that landlord unlawfully changed locks set aside; judgment entered for landlord.

Orders

  • Director’s order dated September 9, 2010 set aside.
  • Judgment for landlord Allan E. Shortt against David Jennings and Brent Van Noord in the net amount of $1,354.72, representing landlord entitlements less security deposit and interest.