K.N. v. A.N

K.N. v. A.N

The adjudicator upheld the Director's order because the observed damage amounted to heavy wear and tear rather than damage sufficient to justify termination, the landlord had withdrawn the damages claim at hearing and provided only estimate quotes, and procedural rules require damages claims be determined by the Residential Tenancies Board before the Court will adjudicate them.

Citation
2025 NSSM 69
Parties
Landlord/appellant: K.N.; Tenant/respondent: A.N.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 September 2025
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal
Outcome
Order of the Director of Residential Tenancies dated June 23, 2025 upheld; landlord's application for termination dismissed.
Legal Topics
Termination of Tenancy, Damages for Property Damage, Ordinary Wear and Tear, Jurisdictional Preconditions
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Damage Small Claims Court Procedure Termination of Tenancy Damages for Property Damage Ordinary Wear and Tear Jurisdictional Preconditions

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Parties

K.N.

Landlord/appellant

A.N.

Tenant/respondent

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal

Legal Issues

  1. 1 Whether damage to the premises exceeded ordinary wear and tear such that termination of the tenancy was warranted
  2. 2 Whether the Court should award damages to the landlord based on the quotes provided
  3. 3 Whether the Small Claims Court can decide damages prior to a determination by the Residential Tenancies Board

Ratio Decidendi

The adjudicator upheld the Director's order because the observed damage amounted to heavy wear and tear rather than damage sufficient to justify termination, the landlord had withdrawn the damages claim at hearing and provided only estimate quotes, and procedural rules require damages claims be determined by the Residential Tenancies Board before the Court will adjudicate them.

Court Disposition

Order of the Director of Residential Tenancies dated June 23, 2025 upheld; landlord's application for termination dismissed.

Orders

  • The order of the Director of Residential Tenancies dated June 23, 2025 is upheld.
  • The landlord's application for termination of the tenancy is dismissed and the tenant is not required to vacate based on the evidence before the Court.