Christopher Marriott v. Southwest Properties

Christopher Marriott v. Southwest Properties

The one‑page engineer letter does not meet the Residential Tenancies order requirement for a full engineering report; because the landlord failed to produce such a report the 30% rent abatement should have continued and the order reinstating full rent is rescinded until the landlord provides an engineer's report as...

Source-derived case information.

Citation
2023 NSSM 84
Parties
Appellant (tenant): Christopher Marriott; Respondent (landlord): Southwest Properties Maple Operating Partnership
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 October 2023
Procedural Posture
Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Order of the Director of Residential Tenancies dated August 3, 2023 is rescinded and landlord must continue 30% rent abatement until an engineer's report is provided as required by the August 31, 2022 Residential Tenancies Order.
Legal Topics
Rent Abatement, Engineering Report, Compliance With Administrative Order, Municipal Building Standards
Source Language
english
Residential Tenancies Landlord and Tenant Law Building Safety/regulatory Compliance Rent Abatement Engineering Report Compliance With Administrative Order Municipal Building Standards

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Parties

Christopher Marriott

Appellant (tenant)

Southwest Properties Maple Operating Partnership

Respondent (landlord)

Procedural Posture

Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether the landlord complied with the Residential Tenancies order requiring a full engineering report
  2. 2 Whether the one‑page engineer letter satisfies the order
  3. 3 Whether the 30% rent abatement should have been terminated prior to provision of an engineering report

Ratio Decidendi

The one‑page engineer letter does not meet the Residential Tenancies order requirement for a full engineering report; because the landlord failed to produce such a report the 30% rent abatement should have continued and the order reinstating full rent is rescinded until the landlord provides an engineer's report as originally required.

Court Disposition

Order of the Director of Residential Tenancies dated August 3, 2023 is rescinded and landlord must continue 30% rent abatement until an engineer's report is provided as required by the August 31, 2022 Residential Tenancies Order.

Orders

  • The Order of the Director of Residential Tenancies dated August 3, 2023 is rescinded in its entirety.
  • The landlord must continue the 30% rent abatement until an engineer's report is provided to the tenant as contemplated by the August 31, 2022 Residential Tenancies Order.