Tanner v. Murley

Tanner v. Murley

Appeal allowed in part: landlord could not advance new heads of damage on appeal; defective rent-increase notice limited recoverable rent to the prior rate ($1,350) yielding $1,050 for June–September shortfall; cleaning and painting claims denied as not proven beyond ordinary cleanliness; oil-tank claim allowed but reduced to 700 litres at $0.75/litre ($525) due to lack of invoices and uncertainty; security deposit notionally increased to $700 and deducted, resulting in a net judgment for the landlord of $875; Director’s order varied accordingly.

Citation
2012 NSSM 56
Parties
Landlord (appellant): Arthur Tanner; Tenant (respondent): Alan Murley; Tenant (respondent): Quao Zhen
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 October 2012
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Decision on Appeal (hearing Oct 23, 2012; Decision Oct 29, 2012)
Outcome
Appeal allowed in part; order of the Director of Residential Tenancies varied to enter judgment for landlord in the net amount of $875.
Legal Topics
Rent Increase Notice, Security Deposit, Mitigation of Damages, Repair and Cleaning Obligations, Appellate Scope of Claims, Evidence of Damages
Source Language
English
Residential Tenancy Law Contract Law Property Law Small Claims Procedure Rent Increase Notice Security Deposit Mitigation of Damages Repair and Cleaning Obligations +2 more

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Parties

Arthur Tanner

Landlord (appellant)

Alan Murley

Tenant (respondent)

Quao Zhen

Tenant (respondent)

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Decision on Appeal (hearing Oct 23, 2012; Decision Oct 29, 2012)

Legal Issues

  1. 1 Whether Tenants owed additional rent for September 2011 and beyond
  2. 2 Whether Landlord could raise new heads of damage on appeal
  3. 3 Whether Tenants liable for cleaning and repainting costs

Ratio Decidendi

Appeal allowed in part: landlord could not advance new heads of damage on appeal; defective rent-increase notice limited recoverable rent to the prior rate ($1,350) yielding $1,050 for June–September shortfall; cleaning and painting claims denied as not proven beyond ordinary cleanliness; oil-tank claim allowed but reduced to 700 litres at $0.75/litre ($525) due to lack of invoices and uncertainty; security deposit notionally increased to $700 and deducted, resulting in a net judgment for the landlord of $875; Director’s order varied accordingly.

Court Disposition

Appeal allowed in part; order of the Director of Residential Tenancies varied to enter judgment for landlord in the net amount of $875.

Orders

  • Order of the Director dated July 9, 2012 is varied.
  • Landlord entitled to recover $1,050 for rent and $525 for fuel oil; claims for cleaning and painting dismissed.