Small claims court awards tenants $6,000 after Cape Breton landlord sold duplex after agreeing to lease unit

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SYDNEY, N.S. —  A landlord who bought a duplex just after earlier agreeing to lease a single unit have to pay out the tenant $6,000.

Nova Scotia modest promises court adjudicator Eric Slone dominated that Jordan Wilson breached his obligations beneath the lease he signed on June 17, 2022, with Gerald Sheppard and his wife Catherine Sheppard.

The Sheppards, who had been in the course of action of providing their property, provided a $1,000 safety deposit and envisioned to start out leasing the device at 122 Mariner Dr. in the Westmount area of Sydney on Sept. 15 for a person yr at $2,000 for each thirty day period.

Then, a month later on, Wilson agreed to market the property to Kameron Coal Ltd. Sheppard testified Wilson didn’t inform him that the residence experienced been marketed until finally he termed Mr. Wilson on or about Sept. 1 to affirm that all the things was in position for the future move. 

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Submitted Criticism

By then, the Sheppards had by now sold their home so they moved into a duplex on Petersfield Court in mid-October that Wilson claimed he experienced organized. Nevertheless, they did not consider it achieved their requirements and after six months moved out and built a new household for them selves on a good deal they by now owned. 

Sheppard filed a grievance underneath the Residential Tenancies Act and was awarded $6,000 as payment for the hardship and inconvenience brought on for the reason that Wilson did not present suitable see.

Wilson sooner or later appealed the buy of the residential tenancies director and the make a difference was despatched to tiny promises court docket.

In his composed final decision, Slone states both equally parties despatched him email messages complaining about the behaviour of the other social gathering. 

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‘STRESSFUL SITUATION’

“Mr. Wilson complained that he experienced a number of witnesses lined up, but that they were being interfered with by way of intimidation or inducements by Mr. Sheppard. Mr. Sheppard complained that he was obtaining harassing texts from Mr. Wilson at all hours, sending images of purported textual content exchanges involving third functions,” Slone wrote.

“I refused to hear any evidence from either celebration about these behaviours.”

In the conclusion, Slone said he considered Wilson didn’t disclose that he had offered his assets until finally all over Sept. 1, producing a “very tense situation” for the Sheppards. 

“They experienced supposed to move into the duplex on September 15 and would have had about a thirty day period to transfer and in fact get out of their household before it was remaining marketed. In the stop, they experienced to scramble to locate yet another place that would be readily available in mid-Oct, which position they uncovered to be fewer than great in several respects. The point that Mr. Sheppard submitted this application on October 24 is some indication of the fact that he was obviously unsatisfied with how items had turned out in the quick previous.”

Slone said he agreed with the residential tenancy officer that $6,000 was acceptable compensation and dismissed Wilson’s attractiveness.

“Mr. Wilson appears to be to have no appreciation that it was his willingness to offer his assets for what must have been a sizeable money acquire, that established all these difficulties, and $6,000.00 appears to be to me to be fair cost to fork out for all of the ripple outcomes of that choice on his element.”


– Chris Connors is a multimedia journalist with the Cape Breton Put up.