Skerry v. Tom

Skerry v. Tom

The tenants were liable for rent arrears; the evidence did not establish that the landlord deliberately or sufficiently breached obligations to justify withholding rent or granting a full month's abatement; the Director's order was varied to extend the vacate date to February 28, 2018 and to set the amount owing at $5,351.15 after recalculation.

Citation
2018 NSSM 5
Parties
Tenants (appellants): Rodney Skerry; Tenants (appellants): Shawna Canning; Landlord (respondent): Ho Tom
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 February 2018
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Decision on Appeal Following Director of Residential Tenancies Order
Outcome
Appeal allowed in part; Director's order varied to extend vacate date and increase monetary award.
Legal Topics
Rent Arrears, Eviction, Abatement, Utilities (heat/electricity), Security Deposit, Late Charges, Appeal
Source Language
English
Residential Tenancies Landlord and Tenant Small Claims Court Rent Arrears Eviction Abatement Utilities (heat/electricity) Security Deposit +2 more

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Parties

Rodney Skerry

Tenants (appellants)

Shawna Canning

Tenants (appellants)

Ho Tom

Landlord (respondent)

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Decision on Appeal Following Director of Residential Tenancies Order

Legal Issues

  1. 1 Whether the tenants owe arrears for rent
  2. 2 Whether the landlord deliberately cut off heat or electricity
  3. 3 Whether tenants are entitled to a full month's abatement for alleged breaches

Ratio Decidendi

The tenants were liable for rent arrears; the evidence did not establish that the landlord deliberately or sufficiently breached obligations to justify withholding rent or granting a full month's abatement; the Director's order was varied to extend the vacate date to February 28, 2018 and to set the amount owing at $5,351.15 after recalculation.

Court Disposition

Appeal allowed in part; Director's order varied to extend vacate date and increase monetary award.

Orders

  • Tenants shall deliver up vacant possession of the premises at 55½ Glenwood Avenue, Dartmouth, Nova Scotia as of 11:59 p.m. on Wednesday, February 28, 2018.
  • Tenants shall pay to the Landlord the sum of $5,351.15.