Zhai v. Anwar of Canada Limited

Zhai v. Anwar of Canada Limited

The appeal was allowed in part: the adjudicator upheld the landlord's refusal to permit the proposed sublet as reasonable given overcrowding and unauthorized use; dismissed the landlord's claim for elevator damage because the landlord failed to prove the connection between the elevator incident and the tenants or their permitted guests; found the landlord's requirement of two months' additional prepayment contravened the Residential Tenancies Act and the Standard Form of Lease and constituted wrongful withholding of funds; ordered return of the security deposit and awarded 4% prejudgment interest on the wrongfully required $2800 for 12 months ($112), plus costs, resulting in a total...

Citation
2018 NSSM 30
Parties
Appellant/tenant: QUIHANG ZHAI; Appellant/tenant: JINKAI GUO; Respondent/landlord: ANWAR OF CANADA LIMITED
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 June 2018
Procedural Posture
Residential Tenancies Appeal / Decision on Appeal (small Claims Court)
Outcome
Appeal allowed in part; Director's decision modified
Legal Topics
Subletting Consent, Security Deposit, Prepaid Rent, Damages for Property, Prejudgment Interest
Source Language
English
Residential Tenancies Landlord Tenant Law Contract Law Property Damage Subletting Consent Security Deposit Prepaid Rent Damages for Property +1 more

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Parties

QUIHANG ZHAI

Appellant/tenant

JINKAI GUO

Appellant/tenant

ANWAR OF CANADA LIMITED

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal / Decision on Appeal (small Claims Court)

Legal Issues

  1. 1 Whether landlord unreasonably withheld consent to sublet
  2. 2 Whether tenants liable for elevator damage
  3. 3 Whether landlord lawfully required/prestated additional two months' rent and nature of remedy

Ratio Decidendi

The appeal was allowed in part: the adjudicator upheld the landlord's refusal to permit the proposed sublet as reasonable given overcrowding and unauthorized use; dismissed the landlord's claim for elevator damage because the landlord failed to prove the connection between the elevator incident and the tenants or their permitted guests; found the landlord's requirement of two months' additional prepayment contravened the Residential Tenancies Act and the Standard Form of Lease and constituted wrongful withholding of funds; ordered return of the security deposit and awarded 4% prejudgment interest on the wrongfully required $2800 for 12 months ($112), plus costs, resulting in a total...

Court Disposition

Appeal allowed in part; Director's decision modified

Orders

  • Denial of subletting upheld; landlord claim relating to subletting disallowed as basis for damages or fees
  • Landlord's claim for elevator damage dismissed for lack of evidence