McIntosh Run Housing Co-operative v. MacIntosh

McIntosh Run Housing Co-operative v. MacIntosh

The Director of Residential Tenancies' decision was set aside: when a tenant's public housing subsidy is revoked because the tenant no longer qualifies, the tenant becomes liable for the full rent specified in the lease; the landlord is not required to give the statutory four months' notice of a rent increase in these circumstances where the lease and public housing clause operate to exempt the landlord and the tenant was on notice of the subsidy rules.

Citation
2018 NSSM 58
Parties
Landlord (appellant): McINTOSH RUN HOUSING CO-OPERATIVE; Tenant (respondent): Helen MacINTOSH
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 September 2018
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (hearing Sept 4, 2018; Decision Sept 10, 2018)
Outcome
Appeal allowed in part; decision of the Director of Residential Tenancies set aside; order issued against the tenant
Legal Topics
Rent Subsidy, Rent Arrears, Rent Increase Notice, Public Housing Program, Lease Interpretation, Subsidy Withdrawal Effects, Eviction/termination
Source Language
English
Residential Tenancies Housing Law Contract Law Administrative Law Rent Subsidy Rent Arrears Rent Increase Notice Public Housing Program +3 more

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Parties

McINTOSH RUN HOUSING CO-OPERATIVE

Landlord (appellant)

Helen MacINTOSH

Tenant (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (hearing Sept 4, 2018; Decision Sept 10, 2018)

Legal Issues

  1. 1 Whether cessation of a rent subsidy makes the tenant immediately liable for full market rent specified in the lease without the landlord giving a statutory rental increase notice
  2. 2 Whether landlord must give four months' notice before recovering the full rent where a subsidy is withdrawn
  3. 3 Whether the lease and Residential Tenancies Act alter notice requirements for rent changes tied to public housing programs

Ratio Decidendi

The Director of Residential Tenancies' decision was set aside: when a tenant's public housing subsidy is revoked because the tenant no longer qualifies, the tenant becomes liable for the full rent specified in the lease; the landlord is not required to give the statutory four months' notice of a rent increase in these circumstances where the lease and public housing clause operate to exempt the landlord and the tenant was on notice of the subsidy rules.

Court Disposition

Appeal allowed in part; decision of the Director of Residential Tenancies set aside; order issued against the tenant

Orders

  • Tenant to vacate the unit by no later than 11:59 p.m. on October 15, 2018
  • Tenant ordered to pay rental arrears of 8908.15 CAD plus a prorated rent for October 2018, minus any interim payments made by tenant