Hage Investments Ltd. v. Fakhra

Hage Investments Ltd. v. Fakhra

The landlord failed to discharge the onus of proving that the majority of alleged damages were caused by the tenants rather than pre-existing or ordinary wear and tear; only the washer damage was proved to result from tenant negligence (overloading) and is payable; the landlord breached the Act in withholding deposit and is liable for the tenants' application fee; net judgment to tenants equals $481.15.

Citation
2017 NSSM 19
Parties
Appellant/landlord: Hage Investments Limited; Respondent/tenant: Hazem Fakhra; Respondent/tenant: Emma El-Amassi
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 March 2017
Procedural Posture
Residential Tenancies Appeal / De Novo Hearing on Appeal From Residential Tenancies Officer Decision
Outcome
Appeal allowed in part and dismissed in part; Tenants awarded judgment after credits and landlord found liable for application fee.
Legal Topics
Security Deposit, Damages, Ordinary Wear and Tear, Mitigation, Procedural Fairness, Application Fee
Source Language
English
Residential Tenancies Landlord and Tenant Law Security Deposit Damages Ordinary Wear and Tear Mitigation Procedural Fairness Application Fee

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Parties

Hage Investments Limited

Appellant/landlord

Hazem Fakhra

Respondent/tenant

Emma El-Amassi

Respondent/tenant

Procedural Posture

Residential Tenancies Appeal / De Novo Hearing on Appeal From Residential Tenancies Officer Decision

Legal Issues

  1. 1 Whether the landlord properly withheld and applied the security deposit
  2. 2 Whether the claimed damages were caused by the tenants or were pre-existing/ordinary wear and tear
  3. 3 Whether the landlord breached s.12 of the Residential Tenancies Act and is liable for the application fee

Ratio Decidendi

The landlord failed to discharge the onus of proving that the majority of alleged damages were caused by the tenants rather than pre-existing or ordinary wear and tear; only the washer damage was proved to result from tenant negligence (overloading) and is payable; the landlord breached the Act in withholding deposit and is liable for the tenants' application fee; net judgment to tenants equals $481.15.

Court Disposition

Appeal allowed in part and dismissed in part; Tenants awarded judgment after credits and landlord found liable for application fee.

Orders

  • Landlord to pay Tenants judgment of $481.15
  • Landlord liable for application fee of $31.15