Grace v. Leverman

Grace v. Leverman

Because the rented unit was occupied without an issued occupancy permit and had outstanding safety/completion defects, the lease was illegal and void; the Tenant could terminate without notice and recover all monies paid (rent, security deposit and related costs); the Landlord could not retain rents or claim unpaid rent under an illegal lease.

Citation
2013 NSSM 14
Parties
Tenant (appellant): Danielle Grace; Landlord (respondent): Jeff S. Leverman
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 February 2013
Procedural Posture
Residential Tenancies Appeal to Small Claims Court / Appeal Hearing Before Small Claims Court (on Appeal From Director of Residential Tenancies)
Outcome
Appeal allowed; lease declared illegal and void; Tenant entitled to terminate without notice and recover monies paid.
Legal Topics
Occupancy Permit, Illegal/void Lease, Rent Refund, Quiet Enjoyment, Building Code Compliance, Tenant Remedies, Notice to Terminate
Source Language
English
Landlord and Tenant Municipal Building/planning Contract Law Administrative Law Occupancy Permit Illegal/void Lease Rent Refund Quiet Enjoyment +3 more

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Parties

Danielle Grace

Tenant (appellant)

Jeff S. Leverman

Landlord (respondent)

Procedural Posture

Residential Tenancies Appeal to Small Claims Court / Appeal Hearing Before Small Claims Court (on Appeal From Director of Residential Tenancies)

Legal Issues

  1. 1 Whether the lease was void because no occupancy permit was issued
  2. 2 Whether the Tenant was entitled to terminate without notice and recover rent and deposits
  3. 3 Whether the Landlord could retain rent or claim unpaid rent for unexpired term

Ratio Decidendi

Because the rented unit was occupied without an issued occupancy permit and had outstanding safety/completion defects, the lease was illegal and void; the Tenant could terminate without notice and recover all monies paid (rent, security deposit and related costs); the Landlord could not retain rents or claim unpaid rent under an illegal lease.

Court Disposition

Appeal allowed; lease declared illegal and void; Tenant entitled to terminate without notice and recover monies paid.

Orders

  • Lease declared illegal and void; Tenant permitted to terminate without notice
  • Landlord to pay Tenant the sum of $2,486.43