Tucker v. Killiam Properties Inc.

Tucker v. Killiam Properties Inc.

The written standard form lease fixes the rent at $607.50 and the landlord cannot unilaterally increase rent or rely on an oral side agreement contrary to the Act; the landlord's application for early termination was premature because it was based on an unlawful rent increase and arrears of only three days; the tenant must provide a security deposit of $303.75 but the landlord must allow it to be paid in reasonable installments (twelve payments of $25.31); alleged failure to perform repairs did not justify termination.

Citation
2006 NSSM 6
Parties
Appellant/tenant: Kenneth James Tucker; Respondent/landlord: Killam Properties Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 March 2006
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Appeal Heard and Decision Issued
Outcome
Appeal allowed; Residential Tenancies Officer's Order dated March 14, 2006 vacated and set aside; substituted order issued.
Legal Topics
Rent, Security Deposit, Early Termination of Tenancy, Standard Form Lease, Employer Tenant Arrangements
Source Language
English
Residential Tenancies Landlord Tenant Law Contract Law Property Law Rent Security Deposit Early Termination of Tenancy Standard Form Lease +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Kenneth James Tucker

Appellant/tenant

Killam Properties Inc.

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Appeal Heard and Decision Issued

Legal Issues

  1. 1 What was the contractual rent?
  2. 2 Is a security deposit payable and on what terms?
  3. 3 Is the tenant liable for outstanding repairs such that early termination is justified?

Ratio Decidendi

The written standard form lease fixes the rent at $607.50 and the landlord cannot unilaterally increase rent or rely on an oral side agreement contrary to the Act; the landlord's application for early termination was premature because it was based on an unlawful rent increase and arrears of only three days; the tenant must provide a security deposit of $303.75 but the landlord must allow it to be paid in reasonable installments (twelve payments of $25.31); alleged failure to perform repairs did not justify termination.

Court Disposition

Appeal allowed; Residential Tenancies Officer's Order dated March 14, 2006 vacated and set aside; substituted order issued.

Orders

  • Lease is a year-to-year tenancy with monthly rent of $607.50 payable the 1st of every month commencing February 1, 2006.
  • Tenant is in arrears for March and must pay $607.50 plus NSF charge of $25.00 for a total of $633.50.