Grover v. Sulley Property and Investments Ltd.

Grover v. Sulley Property and Investments Ltd.

The adjudicator held that the tenants owe July 2013 rent of $895 but are entitled to a $200 abatement for breach of Statutory Condition 1; the security deposit of $447.50 is applied resulting in a judgment of $247.50. The pro-rated August claim ($433) is denied because s.10 limits arrears orders to the month of notice and prior months and the landlord did not follow the prescribed form/process to collect additional pro-rated rent.

Citation
2013 NSSM 59
Parties
Appellant/tenant: Aaron Grover; Appellant/tenant: Souraya Grover; Respondent/landlord: Sulley Property and Investments Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 October 2013
Procedural Posture
Small Claims Court Appeal From Residential Tenancies Officer / De Novo Hearing on Appeal; Decision Rendered
Outcome
Appeal allowed in part; Residential Tenancies Officer's decision varied.
Legal Topics
Rent Arrears, Abatement for Breach of Statutory Conditions, Termination of Tenancy, Security Deposit, Procedural Form Requirements
Source Language
English
Landlord and Tenant Law Residential Tenancies Act Small Claims Rent Arrears Abatement for Breach of Statutory Conditions Termination of Tenancy Security Deposit Procedural Form Requirements

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Parties

Aaron Grover

Appellant/tenant

Souraya Grover

Appellant/tenant

Sulley Property and Investments Limited

Respondent/landlord

Procedural Posture

Small Claims Court Appeal From Residential Tenancies Officer / De Novo Hearing on Appeal; Decision Rendered

Legal Issues

  1. 1 Whether tenants owe rent for July 2013
  2. 2 Whether landlord may recover pro-rated rent for August 1–15 after termination under ss.10(6D)-(6E)
  3. 3 Whether Statutory Condition 1 was breached (fit for habitation/repairs)

Ratio Decidendi

The adjudicator held that the tenants owe July 2013 rent of $895 but are entitled to a $200 abatement for breach of Statutory Condition 1; the security deposit of $447.50 is applied resulting in a judgment of $247.50. The pro-rated August claim ($433) is denied because s.10 limits arrears orders to the month of notice and prior months and the landlord did not follow the prescribed form/process to collect additional pro-rated rent.

Court Disposition

Appeal allowed in part; Residential Tenancies Officer's decision varied.

Orders

  • Amend style of cause to Sulley Property and Investments Limited.
  • Tenants Aaron and Souraya Grover to pay landlord Sulley Property and Investments Limited $247.50.