Watts v. Haverstock Estate

Watts v. Haverstock Estate

Tenant occupied from Sept 2014 to Nov 30, 2015; three months of rent were paid and $8,000 arrears established; landlord failed to mitigate by not showing or repairing premises promptly so January 2016 rent disallowed and December 2015 rent reduced to 50% ($400); tenant entitled to painting credit $449.98 and $100 for electrical relocation; tenant's other claims (insulation, garbage removal, most repairs, mold/medical claims, Human Rights claim) not proven; promissory note arrangement unenforceable in this context; judgment entered for landlord in the net amount of $7,881.17.

Citation
2016 NSSM 30
Parties
Appellant/tenant: Kelly Watts; Respondent/landlord: Estate of Lorne Haverstock
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 March 2016
Procedural Posture
Small Claims Court Appeal From Residential Tenancies Officer / Decision on Appeal
Outcome
Judgment for landlord (Estate of Lorne Haverstock) varied from Residential Tenancies Officer decision; net judgment amount CAD 7,881.17 in favour of the landlord; appeal otherwise dismissed.
Legal Topics
Rent Arrears, Mitigation of Damages, Security Deposit, Lease Formation and Co Tenant Liability, Abatement of Rent, Harassment in Rent Collection, Statutory Conditions, Appeal From Administrative Decision
Source Language
English
Residential Tenancies Landlord and Tenant Law Small Claims Court Procedure Human Rights (allegation Considered and Dismissed) Rent Arrears Mitigation of Damages Security Deposit Lease Formation and Co Tenant Liability +4 more

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Parties

Kelly Watts

Appellant/tenant

Estate of Lorne Haverstock

Respondent/landlord

Procedural Posture

Small Claims Court Appeal From Residential Tenancies Officer / Decision on Appeal

Legal Issues

  1. 1 Effect of absence of written lease signature by alleged co-tenant Gary Goodwin on liability
  2. 2 Amount of rent owing under the lease and payments made
  3. 3 Whether landlord mitigated losses after early termination

Ratio Decidendi

Tenant occupied from Sept 2014 to Nov 30, 2015; three months of rent were paid and $8,000 arrears established; landlord failed to mitigate by not showing or repairing premises promptly so January 2016 rent disallowed and December 2015 rent reduced to 50% ($400); tenant entitled to painting credit $449.98 and $100 for electrical relocation; tenant's other claims (insulation, garbage removal, most repairs, mold/medical claims, Human Rights claim) not proven; promissory note arrangement unenforceable in this context; judgment entered for landlord in the net amount of $7,881.17.

Court Disposition

Judgment for landlord (Estate of Lorne Haverstock) varied from Residential Tenancies Officer decision; net judgment amount CAD 7,881.17 in favour of the landlord; appeal otherwise dismissed.

Orders

  • Judgment for the Estate of Lorne Haverstock against Kelly Watts for rental arrears and related items totaling CAD 7,881.17
  • Line items: Rental arrears CAD 8,000.00; Rent to Dec 15/15 CAD 400.00; Application fee CAD 31.15; Less paint credit CAD 449.98; Less renovations allowed CAD 100.00; Total judgment CAD 7,881.17