Monaghan v. Boss

Monaghan v. Boss

The adjudicator held that the landlords provided adequate written notice that their payment of water would cease, that withdrawal of a service is a deemed rent increase under s.11 and no new signed lease was required to effect that change; therefore the tenant became responsible for water costs effective February 1, 2020, the Director’s order was confirmed with specified variations, and the tenant was liable for the recalculated arrears totaling $3,974.15.

Citation
2021 NSSM 29
Parties
Tenant: Samantha Monaghan; Landlord: Robert Boss; Landlord: Jeanette Boss
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 July 2021
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision Following De Novo Hearing
Outcome
Appeal dismissed and Director of Residential Tenancies order confirmed with variations
Legal Topics
Deemed Rent Increase, Withdrawal of Service, Notice Requirements, Lease Renewal, Security Deposit, Termination of Tenancy, Vacant Possession
Source Language
English
Landlord Tenant Residential Tenancies Contract Statutory Interpretation Eviction Debt Recovery Deemed Rent Increase Withdrawal of Service +5 more

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Parties

Samantha Monaghan

Tenant

Robert Boss

Landlord

Jeanette Boss

Landlord

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision Following De Novo Hearing

Legal Issues

  1. 1 Whether landlord’s withdrawal of payment for water constituted an effective rent increase under the Residential Tenancies Act
  2. 2 Whether notice provided satisfied statutory notice requirements for a rent increase/deletion of service
  3. 3 Whether a new signed lease or written amendment was required to change the landlord’s obligation to pay water

Ratio Decidendi

The adjudicator held that the landlords provided adequate written notice that their payment of water would cease, that withdrawal of a service is a deemed rent increase under s.11 and no new signed lease was required to effect that change; therefore the tenant became responsible for water costs effective February 1, 2020, the Director’s order was confirmed with specified variations, and the tenant was liable for the recalculated arrears totaling $3,974.15.

Court Disposition

Appeal dismissed and Director of Residential Tenancies order confirmed with variations

Orders

  • Tenant to provide vacant possession of 3 Trailwood Place, Halifax by no later than 11:59 p.m. on August 31, 2021.
  • Tenant to pay landlords the sum of $3,974.15.