Hart v. 137, 145, 149 Walker Residences Corp.

Hart v. 137, 145, 149 Walker Residences Corp.

Section 10(8)(b) did not apply because the landlord did not "provide" the premises during employment—the tenants held a pre‑existing lease that was not rescinded or replaced by the employment agreement; therefore the Director's order terminating the tenancy was incorrect and is rescinded; only the rent waiver ended on employment termination.

Citation
2023 NSSM 25
Parties
Appellant Tenant: Kristy Hart; Appellant Tenant: Joshua Lucas; Respondent Landlord: 137, 145, 149 Walker Residences Corp.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 June 2023
Procedural Posture
Appeal to Small Claims Court From Order of the Director of Residential Tenancies / Hearing De Novo — Decision Issued
Outcome
Order of the Director dated February 3, 2023 rescinded; tenants' original lease continues
Legal Topics
Termination of Tenancy, Working Lease, Resident Manager Agreements, Statutory Interpretation, Vacant Possession, Standard Form Lease, Burden of Proof
Source Language
English
Residential Tenancies Law Employment Law Contract Law Administrative Law Termination of Tenancy Working Lease Resident Manager Agreements Statutory Interpretation +3 more

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Parties

Kristy Hart

Appellant Tenant

Joshua Lucas

Appellant Tenant

137, 145, 149 Walker Residences Corp.

Respondent Landlord

Procedural Posture

Appeal to Small Claims Court From Order of the Director of Residential Tenancies / Hearing De Novo — Decision Issued

Legal Issues

  1. 1 Whether s.10(8)(b) of the Residential Tenancies Act authorized notice to quit where tenancy pre‑dated employment
  2. 2 Whether the landlord "provided" the premises "during" employment within meaning of s.10(8)(b)
  3. 3 Whether the Resident Managers Letter of Agreement operated to rescind or replace the pre‑existing lease

Ratio Decidendi

Section 10(8)(b) did not apply because the landlord did not "provide" the premises during employment—the tenants held a pre‑existing lease that was not rescinded or replaced by the employment agreement; therefore the Director's order terminating the tenancy was incorrect and is rescinded; only the rent waiver ended on employment termination.

Court Disposition

Order of the Director dated February 3, 2023 rescinded; tenants' original lease continues

Orders

  • Order of the Director dated February 3, 2023 is rescinded
  • The tenants' Standard Form Lease dated July 1, 2020 remains in effect