Cook v. Classic Property Management Ltd.

Cook v. Classic Property Management Ltd.

Clauses of Schedule B that conflict with the Residential Tenancies Act or impose unreasonable obligations on tenants (clauses 5, 22, 33 and 39) are void; proven tenant liabilities (unpaid utilities and proven, non-wear-and-tear repairs and garbage removal) are recoverable; landlord's cleaning and many repair claims were disallowed for lack of evidence or because they constituted ordinary wear and tear; net judgment calculated accordingly.

Citation
2014 NSSM 67
Parties
Tenant (appellant): Lora Cook; Tenant (appellant): Kim Thomas; Landlord (respondent): Classic Property Management Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 August 2014
Procedural Posture
Appeal From Residential Tenancies Decision / De Novo Appeal Hearing in Small Claims Court
Outcome
Appeal allowed in part; certain Schedule B clauses declared void; judgment granted to landlord in the net amount of $196.95 against the tenants.
Legal Topics
Security Deposit, Damage and Cleaning, Landlord Rules and Regulations, Notice to Quit, Statutory Conditions, Interpretation of Lease Clauses
Source Language
English
Residential Tenancies Landlord Tenant Contract Law Property Law Security Deposit Damage and Cleaning Landlord Rules and Regulations Notice to Quit +2 more

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Parties

Lora Cook

Tenant (appellant)

Kim Thomas

Tenant (appellant)

Classic Property Management Ltd.

Landlord (respondent)

Procedural Posture

Appeal From Residential Tenancies Decision / De Novo Appeal Hearing in Small Claims Court

Legal Issues

  1. 1 Whether Schedule B landlord rules are enforceable or void to the extent they conflict with the Residential Tenancies Act
  2. 2 Whether cleaning, repair and other charges claimed constitute recoverable damages or ordinary wear and tear
  3. 3 Whether the tenants are liable for unpaid water bills

Ratio Decidendi

Clauses of Schedule B that conflict with the Residential Tenancies Act or impose unreasonable obligations on tenants (clauses 5, 22, 33 and 39) are void; proven tenant liabilities (unpaid utilities and proven, non-wear-and-tear repairs and garbage removal) are recoverable; landlord's cleaning and many repair claims were disallowed for lack of evidence or because they constituted ordinary wear and tear; net judgment calculated accordingly.

Court Disposition

Appeal allowed in part; certain Schedule B clauses declared void; judgment granted to landlord in the net amount of $196.95 against the tenants.

Orders

  • Clauses 5, 22, 33 and 39 of Schedule B – Rules and Regulations are declared void for this tenancy.
  • Classic Property Management Ltd. shall have judgment against Lora Cook and Kim Thomas, jointly and severally, in the amount of $196.95.