R & S Realty Ltd. v. Harlow

R & S Realty Ltd. v. Harlow

The landlord's unconsented entry, disconnection of utilities and changing of locks breached the Residential Tenancies Act, rendered the premises uninhabitable for August, excused the tenant from paying that month's rent, warranted dismissal of the landlord's claims for rent and damages, and justified awards of general and exemplary damages to the tenant.

Citation
2004 NSSM 27
Parties
Appellant (landlord): R & S Realty Limited; Respondent (tenant): Amanda Harlow
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 March 2004
Procedural Posture
Residential Tenancies Appeal / Decision
Outcome
Landlord's appeal dismissed; R & S Realty Limited ordered to pay Amanda Harlow $2,000.00.
Legal Topics
Illegal Lockout, Unauthorized Entry, Disconnecting Utilities, Damages (general and Exemplary), Rent Arrears
Source Language
English
Residential Tenancies Landlord Tenant Law Tort Illegal Lockout Unauthorized Entry Disconnecting Utilities Damages (general and Exemplary) Rent Arrears

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Parties

R & S Realty Limited

Appellant (landlord)

Amanda Harlow

Respondent (tenant)

Procedural Posture

Residential Tenancies Appeal / Decision

Legal Issues

  1. 1 Whether the landlord unlawfully entered the premises
  2. 2 Whether the landlord unlawfully changed the locks (lockout)
  3. 3 Whether the tenant is liable for August 2003 rent

Ratio Decidendi

The landlord's unconsented entry, disconnection of utilities and changing of locks breached the Residential Tenancies Act, rendered the premises uninhabitable for August, excused the tenant from paying that month's rent, warranted dismissal of the landlord's claims for rent and damages, and justified awards of general and exemplary damages to the tenant.

Court Disposition

Landlord's appeal dismissed; R & S Realty Limited ordered to pay Amanda Harlow $2,000.00.

Orders

  • R & S Realty Limited to pay Amanda Harlow $2,000.00.
  • Landlord's claim for August rent ($440) dismissed.