Crouchman v. Ramsey

Crouchman v. Ramsey

The Adjudicator confirmed the Residential Tenancies Officer's findings that serious fire and health and safety violations justified reducing the rent to $400 per month and awarding compensatory amounts for lockout-related expenses and the security deposit return, but adjusted the historical calculation of rent paid based on the documentary evidence to order a return of $1250 rather than $1500 and disallowed the landlord's unsupported $285 cleaning deduction.

Citation
2016 NSSM 22
Parties
Appellant: CHARLES WALTER CROUCHMAN; Respondent: DORIS E. RAMSAY
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 February 2016
Procedural Posture
Appeal of Residential Tenancies Officer Decision to Small Claims Court / Appeal (hearing and Decision)
Outcome
Appeal partly dismissed; Residential Tenancies Officer's orders confirmed except for the calculation of rent to be returned which was reduced from $1500 to $1250.
Legal Topics
Rent Reduction, Security Deposit, Health and Safety Violations, Unlawful Lockout, Validity of Lease, Damages and Compensation
Source Language
English
Residential Tenancies Landlord and Tenant Property Small Claims Court Practice Rent Reduction Security Deposit Health and Safety Violations Unlawful Lockout +2 more

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Parties

CHARLES WALTER CROUCHMAN

Appellant

DORIS E. RAMSAY

Respondent

Procedural Posture

Appeal of Residential Tenancies Officer Decision to Small Claims Court / Appeal (hearing and Decision)

Legal Issues

  1. 1 Whether rent reduction was justified by health and safety violations
  2. 2 Proper calculation of rent to be returned to tenant
  3. 3 Whether security deposit must be returned and whether cleaning deduction is justified

Ratio Decidendi

The Adjudicator confirmed the Residential Tenancies Officer's findings that serious fire and health and safety violations justified reducing the rent to $400 per month and awarding compensatory amounts for lockout-related expenses and the security deposit return, but adjusted the historical calculation of rent paid based on the documentary evidence to order a return of $1250 rather than $1500 and disallowed the landlord's unsupported $285 cleaning deduction.

Court Disposition

Appeal partly dismissed; Residential Tenancies Officer's orders confirmed except for the calculation of rent to be returned which was reduced from $1500 to $1250.

Orders

  • Confirm reduction of rent to $400 per month due to serious health and safety violations
  • Order return of rent to tenant in the amount of $1,250 CAD (refund for December 2014 and subsequent months as calculated)