Livingstone v. Fraser

Livingstone v. Fraser

The tenants breached multiple statutory lease conditions including good behaviour, cleanliness of premises and surrounding areas, refusal of lawful access and changing locks without consent; the toxic, irreparable relationship and continuing breaches justify termination of the periodic tenancy under the RTA; the adjudicator may order termination and ancillary remedies and therefore ordered the tenancy terminated with vacate date October 31, 2020 and required tenants to remove changed locks or provide keys at their expense.

Citation
2020 NSSM 19
Parties
Appellant (landlord): Joe Livingstone; Appellant (property Manager): Karen Greencorn; Respondent (tenant): Holly Fraser; Respondent (tenant): Thomas Josey
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 September 2020
Procedural Posture
Residential Tenancies Appeal (small Claims Court De Novo) / Decision Following De Novo Hearing on Appeal From Residential Tenancies Officer
Outcome
Appeal allowed in part; tenancy terminated and eviction ordered with vacancy date set for October 31, 2020; other compliance orders made
Legal Topics
Access to Premises, Good Behaviour Covenant, Eviction Order, Rent Arrears and Curative Period, Changing Locks, Judicial Remedies and Orders
Source Language
English
Residential Tenancies Landlord and Tenant Law Eviction Access to Premises Good Behaviour Covenant Eviction Order Rent Arrears and Curative Period Changing Locks +1 more

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Parties

Joe Livingstone

Appellant (landlord)

Karen Greencorn

Appellant (property Manager)

Holly Fraser

Respondent (tenant)

Thomas Josey

Respondent (tenant)

Procedural Posture

Residential Tenancies Appeal (small Claims Court De Novo) / Decision Following De Novo Hearing on Appeal From Residential Tenancies Officer

Legal Issues

  1. 1 Whether tenants breached lease conditions (good behaviour, cleanliness, access, lock changes)
  2. 2 Whether eviction is an appropriate remedy given the relationship and breaches
  3. 3 Whether RTO decision should be afforded deference on appeal

Ratio Decidendi

The tenants breached multiple statutory lease conditions including good behaviour, cleanliness of premises and surrounding areas, refusal of lawful access and changing locks without consent; the toxic, irreparable relationship and continuing breaches justify termination of the periodic tenancy under the RTA; the adjudicator may order termination and ancillary remedies and therefore ordered the tenancy terminated with vacate date October 31, 2020 and required tenants to remove changed locks or provide keys at their expense.

Court Disposition

Appeal allowed in part; tenancy terminated and eviction ordered with vacancy date set for October 31, 2020; other compliance orders made

Orders

  • Tenants ordered to vacate the premises on or before October 31, 2020
  • Tenants ordered to remove locks they installed or provide landlord forthwith with a full set of working keys at tenants' expense