Rockwood v. Humes

Rockwood v. Humes

Tenant was deemed to have accepted termination by failing to pay arrears or apply under s.10(6A), but landlord breached Statutory Condition 1 by failing to remedy flood damage and clean the premises; consequence: appeal allowed in part — tenant must vacate by April 30, 2016, remains liable for rent to March 31, 2016, but entitled to a $1,500 abatement; landlord awarded judgment for arrears reduced by abatement and security deposit resulting in total judgment of $2,250 (subject to vacancy credit).

Citation
2016 NSSM 29
Parties
Appellant/tenant: Pauline Rockwood; Respondent/landlord: Jon Humes
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 April 2016
Procedural Posture
Small Claims Court Appeal of Residential Tenancies Decision / Appeal Hearing — Decision Issued
Outcome
Appeal allowed in part; original order varied
Legal Topics
Termination of Tenancy, Rent Arrears, Abatement of Rent, Statutory Conditions, Repair Obligations, Notice to Quit, Vacant Possession
Source Language
English
Residential Tenancies Landlord and Tenant Contract Property Small Claims Court Termination of Tenancy Rent Arrears Abatement of Rent +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Pauline Rockwood

Appellant/tenant

Jon Humes

Respondent/landlord

Procedural Posture

Small Claims Court Appeal of Residential Tenancies Decision / Appeal Hearing — Decision Issued

Legal Issues

  1. 1 Whether landlord established sufficient grounds to terminate the tenancy
  2. 2 Whether tenant established grounds for an abatement of rent for damage from a flood caused by the landlord
  3. 3 Whether the notice to quit was properly served and effective

Ratio Decidendi

Tenant was deemed to have accepted termination by failing to pay arrears or apply under s.10(6A), but landlord breached Statutory Condition 1 by failing to remedy flood damage and clean the premises; consequence: appeal allowed in part — tenant must vacate by April 30, 2016, remains liable for rent to March 31, 2016, but entitled to a $1,500 abatement; landlord awarded judgment for arrears reduced by abatement and security deposit resulting in total judgment of $2,250 (subject to vacancy credit).

Court Disposition

Appeal allowed in part; original order varied

Orders

  • Tenant shall give vacant possession of 107 Cavendish Road, Halifax on or before 11:59 pm on April 30, 2016
  • Tenant may vacate on or before March 31, 2016 and if vacated before April 1, 2016 she shall not be liable for April rent