Thibodeau v. Peters

Thibodeau v. Peters

Tenant's evidence regarding alleged cash rent payments was not credible; tenant's unilateral purchase of appliances did not constitute a lawful set-off against rent and statutory remedies through the Director should have been used; utilities and fees were tenant obligations; tenancy terminated effective July 31, 2017 and tenant ordered to pay $4,229.44 to landlord.

Citation
2017 NSSM 70
Parties
Appellant (tenant): Sean Thibodeau; Respondent (landlord): Taj Peters
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 August 2017
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Hearing on Appeal From Residential Tenancies Officer Decision
Outcome
Tenant's appeal dismissed; tenancy terminated as of July 31, 2017; judgment for landlord in the amount of $4,229.44.
Legal Topics
Rent Arrears, Termination of Tenancy, Repair and Maintenance Obligations, Self Help and Set Off, Utility Charges, Evidence and Credibility
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Law Civil Procedure Rent Arrears Termination of Tenancy Repair and Maintenance Obligations Self Help and Set Off +2 more

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Parties

Sean Thibodeau

Appellant (tenant)

Taj Peters

Respondent (landlord)

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Hearing on Appeal From Residential Tenancies Officer Decision

Legal Issues

  1. 1 Whether the tenant made the alleged cash rent payments
  2. 2 Whether the tenant could set off appliance purchase costs against rent
  3. 3 Whether utility charges (power and water) were the tenant's obligation

Ratio Decidendi

Tenant's evidence regarding alleged cash rent payments was not credible; tenant's unilateral purchase of appliances did not constitute a lawful set-off against rent and statutory remedies through the Director should have been used; utilities and fees were tenant obligations; tenancy terminated effective July 31, 2017 and tenant ordered to pay $4,229.44 to landlord.

Court Disposition

Tenant's appeal dismissed; tenancy terminated as of July 31, 2017; judgment for landlord in the amount of $4,229.44.

Orders

  • Tenant ordered to pay landlord $4,229.44.
  • Tenancy terminated effective July 31, 2017.