Kans Holding Ltd. v. McGrath

Kans Holding Ltd. v. McGrath

The adjudicator held that the Notice to Quit under s.10(7A) was valid because the tenant posed a risk to the safety and security of other tenants; the landlord was entitled to apply the security deposit and Social Services' rent payment against repair costs of $670; the Director's Order was rescinded and varied accordingly and the Respondent does not owe any amount to the Appellant.

Citation
2006 NSSM 52
Parties
Appellant: Kans Holdings Ltd.; Respondent: Gregory McGrath
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 April 2006
Procedural Posture
Appeal From Director of Residential Tenancies in Small Claims Court / Trial De Novo (appeal Heard April 13, 2006)
Outcome
Director's Order rescinded and varied; security deposit and Social Services' payment applied to damages; remainder returned to Social Services; Respondent owes no amount to Appellant.
Legal Topics
Notice to Quit, Section 10(7 A), Security Deposit, Mitigation of Damages, Unlawful Eviction, Mental Illness and Eviction
Source Language
English
Residential Tenancies Landlord Tenant Law Eviction Property Damage Human Rights Notice to Quit Section 10(7 A) Security Deposit +3 more

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Parties

Kans Holdings Ltd.

Appellant

Gregory McGrath

Respondent

Procedural Posture

Appeal From Director of Residential Tenancies in Small Claims Court / Trial De Novo (appeal Heard April 13, 2006)

Legal Issues

  1. 1 Whether the landlord validly terminated the lease under s.10(7A) of the Residential Tenancies Act
  2. 2 Whether the tenant suffered unlawful eviction and is entitled to return of rent and security deposit
  3. 3 Whether the landlord lawfully changed locks and denied access

Ratio Decidendi

The adjudicator held that the Notice to Quit under s.10(7A) was valid because the tenant posed a risk to the safety and security of other tenants; the landlord was entitled to apply the security deposit and Social Services' rent payment against repair costs of $670; the Director's Order was rescinded and varied accordingly and the Respondent does not owe any amount to the Appellant.

Court Disposition

Director's Order rescinded and varied; security deposit and Social Services' payment applied to damages; remainder returned to Social Services; Respondent owes no amount to Appellant.

Orders

  • The security deposit and payment by Social Services of $465.00 be applied against the damages to the Respondent's unit caused by the Respondent.
  • The remainder amount of $30.99 be paid back to Social Services.