Langen v. Universal Realty Group

Langen v. Universal Realty Group

The adjudicator set aside the Director's order because the evidence showed that the 2019-2020 incidents were too remote to justify termination in 2022, the fish-tank incidents were accidental and unlikely to recur, repeated police attendance was largely preventive and did not prove tenant misconduct, and the landlord failed to produce credible, probative evidence of a present breach justifying eviction; accordingly the landlord's application was dismissed.

Citation
2022 NSSM 42
Parties
Appellant (tenant): Bern Langen; Respondent (landlord): Universal Realty Group
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 June 2022
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Order of the Director of Residential Tenancies dated May 20, 2022 set aside; landlord's application dismissed; tenant's occupancy maintained.
Legal Topics
Termination of Tenancy, Vacant Possession, Evidence and Probative Value, Accommodation for Disability, Property Damage, Police Attendance
Source Language
English
Residential Tenancies Landlord Tenant Law Administrative Law Housing Law Termination of Tenancy Vacant Possession Evidence and Probative Value Accommodation for Disability +2 more

Case Brief

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Parties

Bern Langen

Appellant (tenant)

Universal Realty Group

Respondent (landlord)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether past noise complaints and incidents from 2019-2020 could justify termination in 2022
  2. 2 Whether damage from fish tanks justified termination
  3. 3 Whether repeated police attendance on the premises justified termination

Ratio Decidendi

The adjudicator set aside the Director's order because the evidence showed that the 2019-2020 incidents were too remote to justify termination in 2022, the fish-tank incidents were accidental and unlikely to recur, repeated police attendance was largely preventive and did not prove tenant misconduct, and the landlord failed to produce credible, probative evidence of a present breach justifying eviction; accordingly the landlord's application was dismissed.

Court Disposition

Order of the Director of Residential Tenancies dated May 20, 2022 set aside; landlord's application dismissed; tenant's occupancy maintained.

Orders

  • Order of the Director of Residential Tenancies dated May 20, 2022 granting vacant possession is set aside.
  • The landlord's application for vacant possession is dismissed.