Miller v. Quist

Miller v. Quist

Where a landlord breaches a promise to repair, tenants are entitled to a rent abatement proportionate to their loss; the temporary $100/month concession did not automatically become permanent but the court may assess and award an appropriate abatement—in this case a $500 abatement reducing the tenants' liability to...

Source-derived case information.

Citation
2013 NSSM 20
Parties
Tenant (appellant): Ashley Miller; Tenant (appellant): Brent Pretty; Landlord (respondent): Logan Quist
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 April 2013
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing (decision Varied)
Outcome
Appeal allowed in part; Director's order varied.
Legal Topics
Rent Abatement, Repair Obligations, Breach of Promise, Measure of Damages, Appeal/variation of Administrative Order
Source Language
english
Residential Tenancies Landlord and Tenant Law Contract/damages Rent Abatement Repair Obligations Breach of Promise Measure of Damages Appeal/variation of Administrative Order

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ashley Miller

Tenant (appellant)

Brent Pretty

Tenant (appellant)

Logan Quist

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing (decision Varied)

Legal Issues

  1. 1 Whether tenants entitled to rent abatement for landlord's failure to effect promised repairs
  2. 2 What measure of damages/abatement is appropriate for the landlord's breach
  3. 3 Whether a temporary agreed rent reduction continues indefinitely when repairs are not completed

Ratio Decidendi

Where a landlord breaches a promise to repair, tenants are entitled to a rent abatement proportionate to their loss; the temporary $100/month concession did not automatically become permanent but the court may assess and award an appropriate abatement—in this case a $500 abatement reducing the tenants' liability to $405.60.

Court Disposition

Appeal allowed in part; Director's order varied.

Orders

  • Director's order varied to reduce tenants' liability from $905.60 to $405.60
  • Tenants to pay the Landlord the sum of $405.60