Islam v. Cygnet Properties Ltd.

Islam v. Cygnet Properties Ltd.

Proceeding under s.13 with a Form J does not compel termination for rent arrears; the Director and the Small Claims Court have discretion under s.17A to decline termination and impose alternative remedies. Given the tenant’s arrears were caused by exceptional circumstances, have been cured, and the tenant’s ability to pay appears restored, it was unjust to terminate the tenancy; accordingly the Director’s order terminating the tenancy and ordering payment was set aside and the landlord’s application dismissed.

Citation
2024 NSSM 9
Parties
Appellant (tenant): Aliya Ali Islam; Respondent (landlord): Cygnet Properties Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 February 2024
Procedural Posture
Appeal From Director of Residential Tenancies / Appeal to Small Claims Court — Hearing and Decision on Merits
Outcome
Order of the Director of Residential Tenancies dated December 8, 2023 set aside; landlord’s application to terminate the tenancy and for payment dismissed
Legal Topics
Rent Arrears, Termination of Tenancy, Notice to Quit Procedure (form D), Application Procedure (form J/section 13), Adjudicative Discretion, Remedies and Payment Orders
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Housing Law Rent Arrears Termination of Tenancy Notice to Quit Procedure (form D) Application Procedure (form J/section 13) +2 more

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Parties

Aliya Ali Islam

Appellant (tenant)

Cygnet Properties Ltd.

Respondent (landlord)

Procedural Posture

Appeal From Director of Residential Tenancies / Appeal to Small Claims Court — Hearing and Decision on Merits

Legal Issues

  1. 1 Whether a Residential Tenancies Officer or Small Claims Court is required to terminate a tenancy where the tenant has rent arrears
  2. 2 Legal effect and practical differences between proceeding under s.10(6) with a Form D notice to quit and proceeding under s.13 via a Form J
  3. 3 Scope of discretion under s.17A to impose remedies other than eviction

Ratio Decidendi

Proceeding under s.13 with a Form J does not compel termination for rent arrears; the Director and the Small Claims Court have discretion under s.17A to decline termination and impose alternative remedies. Given the tenant’s arrears were caused by exceptional circumstances, have been cured, and the tenant’s ability to pay appears restored, it was unjust to terminate the tenancy; accordingly the Director’s order terminating the tenancy and ordering payment was set aside and the landlord’s application dismissed.

Court Disposition

Order of the Director of Residential Tenancies dated December 8, 2023 set aside; landlord’s application to terminate the tenancy and for payment dismissed

Orders

  • Order of the Director dated December 8, 2023 is set aside
  • Landlord’s application to terminate the tenancy and for payment of money is dismissed