Wallace v. Blue Shed Consulting Inc.

Wallace v. Blue Shed Consulting Inc.

The adjudicator found the May 1, 2015 written lease more likely than not genuine and that parking and basement storage had become contractual rights through long enjoyment and supporting documents; the new owner breached the lease by relocating the entry door, denying parking and denying basement access; appropriate remedy was to confirm the lease, require provision of a parking space and a partitioned lockable 10x16 storage area with a key, and award a $60 per month rent abatement (reducing rent from $620 to $560) to compensate for loss of entry-space, while retaining jurisdiction to supervise implementation.

Citation
2016 NSSM 57
Parties
Tenant (appellant): John Wallace; Landlord (respondent): Blue Shed Consulting Inc. (previously named as Paul Lavers)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 November 2016
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Decision With Addendum (final Directions Issued)
Outcome
Appeal allowed; Order of the Director of Residential Tenancies dated July 14, 2016 is varied
Legal Topics
Lease Enforcement, Contractual V Gratuitous Privileges, Access to Premises, Parking Rights, Storage Rights, Rent Abatement, Procedural Appeal
Source Language
English
Residential Tenancies Landlord and Tenant Law Contract Law Property Law Lease Enforcement Contractual V Gratuitous Privileges Access to Premises Parking Rights +3 more

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Parties

John Wallace

Tenant (appellant)

Blue Shed Consulting Inc. (previously named as Paul Lavers)

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Appeal Decision With Addendum (final Directions Issued)

Legal Issues

  1. 1 Whether a written lease dated May 1, 2015 is valid and binding
  2. 2 Whether parking and basement storage were contractual rights or mere privileges
  3. 3 Whether the new owner breached the tenancy by relocating the entry door, denying parking and denying basement access

Ratio Decidendi

The adjudicator found the May 1, 2015 written lease more likely than not genuine and that parking and basement storage had become contractual rights through long enjoyment and supporting documents; the new owner breached the lease by relocating the entry door, denying parking and denying basement access; appropriate remedy was to confirm the lease, require provision of a parking space and a partitioned lockable 10x16 storage area with a key, and award a $60 per month rent abatement (reducing rent from $620 to $560) to compensate for loss of entry-space, while retaining jurisdiction to supervise implementation.

Court Disposition

Appeal allowed; Order of the Director of Residential Tenancies dated July 14, 2016 is varied

Orders

  • Written lease dated May 1, 2015 (effective January 1, 2015) is confirmed, subject to the changes made by this decision.
  • Tenant is entitled to a parking space as an incident of his tenancy.