McIntyre v. Tian

McIntyre v. Tian

Adjudicator found landlord breached duty under Statutory Condition 9(1)(1) by failing to provide reasonable cooking facilities and adequate heat; tenant's partial rent withholding was reasonable; large personal injury and lost wage claims lacked evidentiary support and are unsuitable for the Residential Tenancies forum; therefore Residential Tenancies Officer erred in terminating tenancy for arrears and bad behaviour and the appropriate remedy is a rent abatement of 40% plus limited reimbursements, yielding a net award to the tenant of $1,849.36.

Citation
2022 NSSM 31
Parties
Tenant: Gaidheal McIntyre; Landlord: Matthew Tian; Landlord: Emily Tian
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 July 2022
Procedural Posture
Residential Tenancies Appeal / Decision on Appeal
Outcome
Appeal allowed; order of Director of Residential Tenancies varied in part
Legal Topics
Habitability, Rent Abatement, Termination of Tenancy, Statutory Conditions, Damages, Jurisdictional Scope
Source Language
English
Residential Tenancies Act Landlord and Tenant Law Small Claims Court Housing Standards Habitability Rent Abatement Termination of Tenancy Statutory Conditions +2 more

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Parties

Gaidheal McIntyre

Tenant

Matthew Tian

Landlord

Emily Tian

Landlord

Procedural Posture

Residential Tenancies Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether landlord promised and failed to provide separate cooking facilities (kitchenette)
  2. 2 Whether denial of adequate heating and cooking facilities rendered premises unfit for habitation
  3. 3 Whether tenant's withholding of rent was justified

Ratio Decidendi

Adjudicator found landlord breached duty under Statutory Condition 9(1)(1) by failing to provide reasonable cooking facilities and adequate heat; tenant's partial rent withholding was reasonable; large personal injury and lost wage claims lacked evidentiary support and are unsuitable for the Residential Tenancies forum; therefore Residential Tenancies Officer erred in terminating tenancy for arrears and bad behaviour and the appropriate remedy is a rent abatement of 40% plus limited reimbursements, yielding a net award to the tenant of $1,849.36.

Court Disposition

Appeal allowed; order of Director of Residential Tenancies varied in part

Orders

  • Landlords Matthew Tian and Emily Tian pay to the tenant Gaidheal McIntyre the net sum of $1,849.36.
  • All other claims and counterclaims are dismissed.