Rad v. Anderson

Rad v. Anderson

Tenant was substantially in arrears of rent, justifying an order for vacant possession; landlord failed to provide an adequate supply of hot water until July 7, entitling tenant to a prorated abatement of $300/month for four months ($1,200) which was set off against arrears; after accounting for utilities, fees and security deposit the landlord was entitled to judgment for $7,693.70 and vacant possession by September 10, 2018.

Citation
2018 NSSM 43
Parties
Tenant: Samuel Rad; Landlord: Judy Anderson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 September 2018
Procedural Posture
Appeal From Residential Tenancies Officer to Small Claims Court (de Novo) / De Novo Appeal Hearing
Outcome
Appeal allowed in part; Decision and Order of the Residential Tenancies Officer varied; judgment for landlord.
Legal Topics
Rent Arrears, Eviction, Habitability, Rent Abatement, Services (hot Water), Damages, Security Deposit, Utility Billing
Source Language
English
Residential Tenancies Landlord Tenant Law Small Claims Court Property Rent Arrears Eviction Habitability Rent Abatement +4 more

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Parties

Samuel Rad

Tenant

Judy Anderson

Landlord

Procedural Posture

Appeal From Residential Tenancies Officer to Small Claims Court (de Novo) / De Novo Appeal Hearing

Legal Issues

  1. 1 Whether substantial rent arrears justify termination and order for vacant possession
  2. 2 Whether reduced hot water supply amounted to a loss of service entitling tenant to rent abatement
  3. 3 Whether alleged mold created a health risk warranting damages

Ratio Decidendi

Tenant was substantially in arrears of rent, justifying an order for vacant possession; landlord failed to provide an adequate supply of hot water until July 7, entitling tenant to a prorated abatement of $300/month for four months ($1,200) which was set off against arrears; after accounting for utilities, fees and security deposit the landlord was entitled to judgment for $7,693.70 and vacant possession by September 10, 2018.

Court Disposition

Appeal allowed in part; Decision and Order of the Residential Tenancies Officer varied; judgment for landlord.

Orders

  • Tenant Samuel Rad and all other occupants to give vacant possession of the premises on or before September 10, 2018 at 11:59 pm
  • Judgment for landlord Judy Anderson against tenant Samuel Rad in the amount of $7693.70