Collins v. CAP Reit LP

Collins v. CAP Reit LP

Both Wayne and Edna Collins are tenants on a month-to-month tenancy and jointly and severally liable; the rent increases to $1043 and $1085 were validly charged; the landlord's arrears calculation was reduced for mathematical errors and disallowed late fee claims, resulting in arrears of $1,215 less a $250 abatement = judgment of $965; the prior order for vacant possession is stayed and will be reinstated on default; a specific payment plan was ordered (85 CAD monthly Jan–Nov 2014, 30 CAD on Dec 1, 2014) and failure to comply permits the landlord to pursue enforcement including vacant possession.

Citation
2013 NSSM 61
Parties
Appellant/tenant: Wayne Collins; Appellant/tenant: Edna Collins; Respondent/landlord: CAP REIT LP
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 December 2013
Procedural Posture
Residential Tenancies Appeal to Small Claims Court (de Novo) / Hearing on Appeal (de Novo)
Outcome
Appeal varied: original eviction order stayed; landlord granted judgment limited to $965 CAD payable under ordered schedule
Legal Topics
Rent Arrears, Notice of Rent Increase, Service of Notice, Abatement for Disrepair, Stay of Eviction, Joint and Several Liability, Calculation of Arrears, Late/nsf Fees
Source Language
English
Residential Tenancies Landlord Tenant Eviction Small Claims Rent Arrears Notice of Rent Increase Service of Notice Abatement for Disrepair +4 more

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Parties

Wayne Collins

Appellant/tenant

Edna Collins

Appellant/tenant

CAP REIT LP

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal to Small Claims Court (de Novo) / Hearing on Appeal (de Novo)

Legal Issues

  1. 1 Existence and nature of the tenancy and who is liable
  2. 2 Whether notice of rental increases was validly served
  3. 3 Proper calculation and quantum of rent arrears

Ratio Decidendi

Both Wayne and Edna Collins are tenants on a month-to-month tenancy and jointly and severally liable; the rent increases to $1043 and $1085 were validly charged; the landlord's arrears calculation was reduced for mathematical errors and disallowed late fee claims, resulting in arrears of $1,215 less a $250 abatement = judgment of $965; the prior order for vacant possession is stayed and will be reinstated on default; a specific payment plan was ordered (85 CAD monthly Jan–Nov 2014, 30 CAD on Dec 1, 2014) and failure to comply permits the landlord to pursue enforcement including vacant possession.

Court Disposition

Appeal varied: original eviction order stayed; landlord granted judgment limited to $965 CAD payable under ordered schedule

Orders

  • Wayne Collins and Edna Collins confirmed as tenants on a month-to-month tenancy and jointly and severally liable; anniversary date June 1 each year
  • Order terminating tenancy and requiring vacant possession effective October 31, 2013 is stayed