Lindsay v. Metropolitan Regional Housing Authority

Lindsay v. Metropolitan Regional Housing Authority

The landlord established on the balance of probabilities that the tenant persistently breached the statutory good behaviour condition (s.9(1)3) by frequent intoxication, unsanitary conduct and aggressive behaviour that materially interfered with other tenants' enjoyment and staff safety; reasonable accommodation was not feasible without undue hardship given the vulnerable elderly population and absence of effective, guaranteed supports, therefore termination of the tenancy is justified though the vacate date was extended to permit rehousing efforts.

Citation
2019 NSSM 61
Parties
Appellant (tenant): Michael (Mike) Lindsay; Respondent (landlord): Metropolitan Regional Housing Authority
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 June 2019
Procedural Posture
Appeal From Director of Residential Tenancies (residential Tenancies Matter) / De Novo Hearing on Appeal; Decision and Order of Small Claims Court of Nova Scotia
Outcome
Appeal dismissed in respect of landlord's claim for vacant possession; Director's order confirmed with variation to extend termination date to July 31, 2019 and retention of jurisdiction.
Legal Topics
Good Behaviour Covenant (s.9(1)3), Termination of Tenancy, Reasonable Accommodation and Undue Hardship, Credibility Findings, Public Safety and Vulnerable Tenants
Source Language
English
Residential Tenancies Landlord and Tenant Law Human Rights Disability Accommodation Public Housing Eviction Good Behaviour Covenant (s.9(1)3) Termination of Tenancy +3 more

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Parties

Michael (Mike) Lindsay

Appellant (tenant)

Metropolitan Regional Housing Authority

Respondent (landlord)

Procedural Posture

Appeal From Director of Residential Tenancies (residential Tenancies Matter) / De Novo Hearing on Appeal; Decision and Order of Small Claims Court of Nova Scotia

Legal Issues

  1. 1 Whether the tenant breached the statutory good behaviour condition under s.9(1)3 of the Residential Tenancies Act
  2. 2 Whether the landlord failed to accommodate the tenant's disability or whether accommodation would cause undue hardship
  3. 3 Whether termination of the tenancy is a proportionate and justified remedy given competing interests

Ratio Decidendi

The landlord established on the balance of probabilities that the tenant persistently breached the statutory good behaviour condition (s.9(1)3) by frequent intoxication, unsanitary conduct and aggressive behaviour that materially interfered with other tenants' enjoyment and staff safety; reasonable accommodation was not feasible without undue hardship given the vulnerable elderly population and absence of effective, guaranteed supports, therefore termination of the tenancy is justified though the vacate date was extended to permit rehousing efforts.

Court Disposition

Appeal dismissed in respect of landlord's claim for vacant possession; Director's order confirmed with variation to extend termination date to July 31, 2019 and retention of jurisdiction.

Orders

  • Tenant's tenancy at apartment 807, 1 Alderney Drive, Dartmouth, Nova Scotia shall terminate at 11:59 p.m. on July 31, 2019, at which time the Tenant and any other occupants shall vacate the premises.
  • The court shall retain jurisdiction to consider further submissions by the parties respecting the appropriate vacant possession date.