Formac Investments Ltd. v. Peck

Formac Investments Ltd. v. Peck

Landlord lawfully withheld consent to convert the year-to-year lease to month-to-month because his reasons (difficulty re-letting outside September, evidence of prior long vacancy and legitimate commercial risk) were neither arbitrary nor unreasonable; accordingly the lease was renewed for one year and expires August 31, 2010.

Citation
2009 NSSM 48
Parties
Landlord: Formac Investments Limited; Tenant: Kelly Peck
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 September 2009
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Provisional Decision and Addendum Following Appeal Hearing
Outcome
Appeal allowed in part; tribunal finds landlord did not arbitrarily or unreasonably withhold consent and tenancy remains a renewed one-year lease expiring August 31, 2010.
Legal Topics
Consent Withholding, Lease Renewal, Fixed Term to Month to Month Conversion, Reasonableness Standard, Remedy and Termination Date
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Consent Withholding Lease Renewal Fixed Term to Month to Month Conversion Reasonableness Standard Remedy and Termination Date

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Parties

Formac Investments Limited

Landlord

Kelly Peck

Tenant

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Provisional Decision and Addendum Following Appeal Hearing

Legal Issues

  1. 1 Whether a landlord may withhold consent to convert a year-to-year lease to month-to-month under s.10A(3)-(4) of the Residential Tenancies Act
  2. 2 Whether the landlord's refusal was arbitrary or unreasonable
  3. 3 Whether the tenancy was renewed or terminated and what remedy/termination date should apply

Ratio Decidendi

Landlord lawfully withheld consent to convert the year-to-year lease to month-to-month because his reasons (difficulty re-letting outside September, evidence of prior long vacancy and legitimate commercial risk) were neither arbitrary nor unreasonable; accordingly the lease was renewed for one year and expires August 31, 2010.

Court Disposition

Appeal allowed in part; tribunal finds landlord did not arbitrarily or unreasonably withhold consent and tenancy remains a renewed one-year lease expiring August 31, 2010.

Orders

  • Declare that the tenancy was not converted to a month-to-month tenancy
  • Declare that the lease was renewed for one year and expires August 31, 2010