Reid v. Killiam Propertis Inc.

Reid v. Killiam Propertis Inc.

Adjudicator held the landlord breached the statutory condition of habitability by failing to address mould reported to the superintendent; the tenancy validly ended on March 30, 2010; rent for April 2010 is not payable; tenant is entitled to foreseeable damages for moving, storage, replacement of potentially contaminated beds and air testing; net award to tenant $1,041.38.

Citation
2010 NSSM 48
Parties
Tenant (appellant): Nanine Reid; Landlord (respondent): Killam Properties Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 July 2010
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (final)
Outcome
Director's Order varied: Landlord liable to Tenant; net award to Tenant $1,041.38; tenancy deemed terminated March 30, 2010.
Legal Topics
Habitability, Mould Exposure, Early Termination, Statutory Condition, Damages, Notice
Source Language
English
Residential Tenancies Landlord Tenant Law Contract Law Health and Safety Habitability Mould Exposure Early Termination Statutory Condition +2 more

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Parties

Nanine Reid

Tenant (appellant)

Killam Properties Inc.

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (final)

Legal Issues

  1. 1 Whether tenant validly terminated tenancy early due to mould making premises uninhabitable
  2. 2 Whether tenant owed rent for April 2010
  3. 3 Whether landlord breached Statutory Condition 1 (fit for habitation) and is liable for damages

Ratio Decidendi

Adjudicator held the landlord breached the statutory condition of habitability by failing to address mould reported to the superintendent; the tenancy validly ended on March 30, 2010; rent for April 2010 is not payable; tenant is entitled to foreseeable damages for moving, storage, replacement of potentially contaminated beds and air testing; net award to tenant $1,041.38.

Court Disposition

Director's Order varied: Landlord liable to Tenant; net award to Tenant $1,041.38; tenancy deemed terminated March 30, 2010.

Orders

  • Tenancy terminated as of March 30, 2010.
  • No rent payable for April 2010.