K.L. v. Universal Realty Group

K.L. v. Universal Realty Group

The adjudicator quashed the Director's termination order because the tenant's misconduct did not meet the threshold for forfeiture of tenancy when viewed with the evidence that alcoholism/addiction contributed to the incidents and should have been considered as a disability requiring reasonable accommodation; the Residential Tenancies Officer failed to adequately consider accommodation and the landlord did not demonstrate unreasonable hardship, so termination was not warranted and the tenant is entitled to remain subject to warning.

Citation
2021 NSSM 28
Parties
Appellant (tenant): K.L.; Respondent (landlord): Universal Realty Group
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 August 2021
Procedural Posture
Appeal From Director of Residential Tenancies (landlord Tenant) / Decision on Appeal in Small Claims Court
Outcome
Order of the Director of Residential Tenancies quashed; landlord's application to terminate tenancy dismissed.
Legal Topics
Good Behaviour Statutory Condition, Termination/eviction, Reasonable Accommodation for Disability, Addiction as Disability, Last Chance/remedial Considerations
Source Language
English
Landlord Tenant Law Residential Tenancies Human Rights Law Administrative Law Good Behaviour Statutory Condition Termination/eviction Reasonable Accommodation for Disability Addiction as Disability +1 more

Case Brief

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Parties

K.L.

Appellant (tenant)

Universal Realty Group

Respondent (landlord)

Procedural Posture

Appeal From Director of Residential Tenancies (landlord Tenant) / Decision on Appeal in Small Claims Court

Legal Issues

  1. 1 Whether the tenant's conduct breached the statutory good behaviour condition such that termination of tenancy was warranted
  2. 2 Whether the Residential Tenancies Officer failed to consider the tenant's addiction as a disability requiring accommodation under human rights law
  3. 3 Whether the landlord would suffer unreasonable hardship if required to accommodate the tenant

Ratio Decidendi

The adjudicator quashed the Director's termination order because the tenant's misconduct did not meet the threshold for forfeiture of tenancy when viewed with the evidence that alcoholism/addiction contributed to the incidents and should have been considered as a disability requiring reasonable accommodation; the Residential Tenancies Officer failed to adequately consider accommodation and the landlord did not demonstrate unreasonable hardship, so termination was not warranted and the tenant is entitled to remain subject to warning.

Court Disposition

Order of the Director of Residential Tenancies quashed; landlord's application to terminate tenancy dismissed.

Orders

  • Order of the Director of Residential Tenancies dated June 10, 2021 quashed.
  • Landlord's application to terminate the tenancy is dismissed.