Byard v. Lummis

Byard v. Lummis

The adjudicator accepted the landlord's rent accounting as the only coherent evidence on balance of probabilities establishing $2,500 arrears, but found the landlord acted prematurely in changing locks and denied access for five days and therefore applied a $250 credit (composed of $100.80 rent and $149.20 for inconvenience), reducing the award to $2,250; the tenant's counterclaims for energy-cost compensation and rent abatement were dismissed for insufficient evidence of substandard habitability or statutory breaches.

Citation
2008 NSSM 81
Parties
Tenant: Pauline Byard; Landlord: Mark Lummis
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 December 2008
Procedural Posture
Residential Tenancies Rent Arrears / Appeal (hearing De Novo)
Outcome
Director's order confirmed with modification: monetary award reduced to $2,250 in favour of the landlord
Legal Topics
Rent Arrears, Termination of Tenancy, Repair and Maintenance, Energy Efficiency, Access to Premises, Harassment/quiet Enjoyment
Source Language
English
Residential Tenancies Landlord and Tenant Small Claims Court Rent Arrears Termination of Tenancy Repair and Maintenance Energy Efficiency Access to Premises +1 more

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Parties

Pauline Byard

Tenant

Mark Lummis

Landlord

Procedural Posture

Residential Tenancies Rent Arrears / Appeal (hearing De Novo)

Legal Issues

  1. 1 Whether the tenant owed $2,500 in rent arrears
  2. 2 Whether the landlord was entitled to rent for entire October 2008 after lock-out
  3. 3 Whether the tenant is entitled to compensation for higher utility costs and lack of repairs

Ratio Decidendi

The adjudicator accepted the landlord's rent accounting as the only coherent evidence on balance of probabilities establishing $2,500 arrears, but found the landlord acted prematurely in changing locks and denied access for five days and therefore applied a $250 credit (composed of $100.80 rent and $149.20 for inconvenience), reducing the award to $2,250; the tenant's counterclaims for energy-cost compensation and rent abatement were dismissed for insufficient evidence of substandard habitability or statutory breaches.

Court Disposition

Director's order confirmed with modification: monetary award reduced to $2,250 in favour of the landlord

Orders

  • Tenant owes Landlord $2,250.00
  • Vacant possession of the premises confirmed as of October 31, 2008