Vacheresse v. K2 Properties

Vacheresse v. K2 Properties

On the evidence before the Court, the adjudicator was not persuaded the unit was uninhabitable within s.10(8)(c); the RTO finding was not dispositive on appeal de novo; accordingly the Notice to Quit was set aside and the appropriate remedy was orders to require tenant cooperation and access to permit repairs rather than vacant possession.

Citation
2023 NSSM 64
Parties
Tenant/appellant: Richard (Rick) Vacheresse; Landlord/respondent: K2 Properties
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 October 2023
Procedural Posture
Small Claims Court Residential Tenancies / Appeal Hearing (de Novo) From RTO Decision; Stay Pending Appeal Heard Oct 30, 2023; Decision Oct 31, 2023
Outcome
Notice to Quit set aside; tenant remains in possession; orders made to permit access and repairs; landlord-tenant relationship continues in full force.
Legal Topics
Uninhabitability, Notice to Quit, Vacant Possession, Repairs and Maintenance, Access to Premises, Appeal De Novo, Mold Remediation
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Uninhabitability Notice to Quit Vacant Possession Repairs and Maintenance Access to Premises +2 more

Case Brief

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Parties

Richard (Rick) Vacheresse

Tenant/appellant

K2 Properties

Landlord/respondent

Procedural Posture

Small Claims Court Residential Tenancies / Appeal Hearing (de Novo) From RTO Decision; Stay Pending Appeal Heard Oct 30, 2023; Decision Oct 31, 2023

Legal Issues

  1. 1 Whether the unit is uninhabitable within meaning of RTA s.10(8)(c)
  2. 2 Whether the RTO decision should be upheld or overturned on appeal de novo
  3. 3 Whether landlord may obtain vacant possession for repairs and whether tenant must permit access

Ratio Decidendi

On the evidence before the Court, the adjudicator was not persuaded the unit was uninhabitable within s.10(8)(c); the RTO finding was not dispositive on appeal de novo; accordingly the Notice to Quit was set aside and the appropriate remedy was orders to require tenant cooperation and access to permit repairs rather than vacant possession.

Court Disposition

Notice to Quit set aside; tenant remains in possession; orders made to permit access and repairs; landlord-tenant relationship continues in full force.

Orders

  • Set aside Notice to Quit issued under RTA s.10(8)(c).
  • Landlord-tenant relationship remains in full force and effect.