W.W. v. Shelter Nova Scotia

W.W. v. Shelter Nova Scotia

The adjudicator found on the evidence that the tenant maintained the unit in an unclean, cluttered state that hindered pest control and created health/fire hazards, thereby breaching statutory conditions 1 and 4 of the Residential Tenancies Act; accordingly the termination order was confirmed but the vacate date was varied to February 28, 2014.

Citation
2014 NSSM 10
Parties
Appellant/tenant: W. W.; Respondent/landlord: Shelter Nova Scotia
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 February 2014
Procedural Posture
Small Claims Court Appeal From Residential Tenancies Officer / De Novo Hearing and Decision (appeal)
Outcome
Residential Tenancies Officer's order for termination of tenancy confirmed and varied; tenancy terminated and order for vacant possession issued effective February 28, 2014
Legal Topics
Vacant Possession, Statutory Conditions, Habitability, Bedbug Infestation, Cleanliness, Notice to Quit
Source Language
English
Residential Tenancies Landlord and Tenant Law Eviction Housing Vacant Possession Statutory Conditions Habitability Bedbug Infestation +2 more

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Parties

W. W.

Appellant/tenant

Shelter Nova Scotia

Respondent/landlord

Procedural Posture

Small Claims Court Appeal From Residential Tenancies Officer / De Novo Hearing and Decision (appeal)

Legal Issues

  1. 1 Whether the tenant breached statutory conditions under s.9 of the Residential Tenancies Act by failing to maintain the unit in a fit and clean condition
  2. 2 Whether the tenant's clutter and refusal of access to pest control justified termination of the tenancy and an order for vacant possession
  3. 3 Whether assistance was offered and refused and its relevance to relief

Ratio Decidendi

The adjudicator found on the evidence that the tenant maintained the unit in an unclean, cluttered state that hindered pest control and created health/fire hazards, thereby breaching statutory conditions 1 and 4 of the Residential Tenancies Act; accordingly the termination order was confirmed but the vacate date was varied to February 28, 2014.

Court Disposition

Residential Tenancies Officer's order for termination of tenancy confirmed and varied; tenancy terminated and order for vacant possession issued effective February 28, 2014

Orders

  • Tenancy terminated and tenant and any occupants to provide vacant possession of the premises to the landlord on Saturday, February 28, 2014 at 11:59 PM.
  • Once vacant possession is provided either party may apply to the Director of Residential Tenancies for distribution of the security deposit.