Residential Tenancies Act (amended)

BILL NO. 110

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011

Government Bill

Residential Tenancies Act
(amended)

The Honourable John MacDonell
Minister of Service nova Scotia and Municipal Relations

First Reading: November 23, 2011

(Explanatory Notes)

Second Reading: November 25, 2011

Third Reading: December 12, 2011 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the Statutory Conditions respecting manufactured homes to

(a) clarify that they apply only to leases of a manufactured home space and of a manufactured home in a land lease community;

(b) allow the tenant to apply to the landlord on behalf of the purchaser or lessee of the manufactured home to become a tenant of the manufactured home space;

(c) state that the landlord cannot unreasonably withhold or charge for the consent unless actual expenses are incurred to give the consent; and

(d) require the landlord within ten days of receipt of the request to either consent or give reasons for not consenting, failing which the landlord is deemed to have given consent.

Clause 2 permits the landlord, where the notice to quit is valid, to apply to the Director for three remedies at once as follows:

(a) an order for the tenant to vacate the premises;

(b) an order requiring the tenant to pay to the landlord any rent owing for the month in which the notice to quit was given to the tenant; and

(c) an order allowing the landlord to retain the tenant's security deposit and apply it against the rental arrears for the month in which the notice to quit was given to the tenant.

Clause 3 clarifies that the rental increase notice applies to manufactured home spaces.

Clause 4 expands regulation-making powers as follows:

(a) requiring the tenant to provide information to the purchaser or lessee regarding the tenancy of the manufactured home space;

(b) respecting the form and contents of the tenant's application requesting the consent of the landlord; and

Clause 5 repeals Chapter 66 of the Acts of 2008 which has not been proclaimed in force and is superseded by this Bill.

Clause 6 clarifies that, notwithstanding the repeal of subsection 11A(4) and Section 14, both continue to apply to a tenant who received a notice of increase of rent before the repeal.

Clause 7 provides for the coming into force of the Act on proclamation.

An Act to Amend Chapter 401
of the Revised Statutes, 1989,
the Residential Tenancies Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 9(2) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 66 of Acts of 2008 and Chapter 72 of the Acts of 2010, is further amended by

(a) striking out "Manufactured Homes" in the second line of the heading immediately following the sixth line and substituting "Lease of a Manufactured Home Space or a Manufactured Home in a Land-lease community"

(b) adding immediately after Statutory Condition 1. the following Statutory Conditions:

1A. Where a tenant wishes to sell or otherwise part with possession of a manufactured home, the tenant may apply in writing to the landlord on behalf of the person who wishes to acquire title to or possession of the manufactured home to become a tenant of the manufactured home space upon which the manufactured home is located.

1B. The consent of the landlord required by Statutory Condition 1A. will not arbitrarily or unreasonably be withheld.

1C. The landlord shall not charge a commission or fee for granting consent required by Statutory Condition 1A., other than the landlord's reasonable expenses actually incurred in respect to the grant of consent.

1D. The landlord shall in writing, within ten days of receipt of the request made pursuant to Statutory Condition 1A., consent to the request or set out the reasons why consent is being withheld, failing which the landlord is deemed to have given consent to the request.

2 (1) Subsection 10(6D) of Chapter 401 is repealed and the following subsection substituted:

(6D) Where a notice to quit has been given by the landlord under subsection (6) and

(a) the notice to quit has not been voided under clause (6A)(a) by the tenant paying to the landlord the rent that is in arrears within fifteen days after receiving the notice to quit;

(b) the tenant has not disputed the notice by making an application to the Director under clause (6A)(b); and

the landlord may apply to the Director under Section 13 for any one or more of the following:

(d) an order to vacate the residential premises;

(e) an order requiring the tenant to pay to the landlord any rent owing for the month in which the notice to quit is given to the tenant;

(f) an order permitting the landlord to retain the tenant's security deposit to be applied against any rent found to be owing for the month in which notice to quit is given to the tenant.

(2) Subsection 10(6E) of Chapter 401 is repealed and the following subsection substituted:

(6E) Notwithstanding Sections 16 and 17, in the circumstances described in subsection (6D), the Director may, without investigating and endeavouring to mediate a settlement and without holding a hearing, order any one or more of the following:

(a) that the tenant vacate the premises;

(b) that the tenant pay to the landlord the rent owing for the month in which the notice to quit was given;

(c) that the landlord retain the tenant's security deposit to be applied against any rent found to be owing for the month in which notice to quit is given to the tenant.

3 Clause 11(2)(d) of Chapter 401, as enacted by Chapter 40 of the Acts of 1993 and amended by Chapter 72 of the Acts of 2010, is further amended by adding "space" immediately after "home" in the first line.

4 Subsection 26(1) of Chapter 401, as amended by Chapter 31 of the Acts of 1992, Chapter 40 of the Acts of 1993, Chapter 7 of the Acts of 1997, Chapter 10 of the Acts of 2002 and Chapter 72 of the Acts of 2010, is further amended by adding immediately after clause (ce) the following clauses:

(cea) requiring the tenant to provide information concerning the tenancy of the manufactured home space upon which the manufactured home is located to the person who wishes to acquire title or possession of the manufactured home for the purpose of Statutory Condition 1A. in subsection 9(2);

(ceb) respecting the form and contents of the tenant's written application to the landlord on behalf of the person who wishes to acquire title to or possession of the manufactured home to become a tenant of the manufactured home space upon which the manufactured home is located and information to be provided to the landlord for the purpose of Statutory Condition 1A. in subsection 9(2);

(cec) respecting the manner in which the landlord may respond to the tenant's written application on behalf of the person who wishes to acquire title to or possession of the manufactured home to become a tenant of the manufactured home space for consent and setting out the permissible reasons for denying the requested consent for the purpose of Statutory Conditions 1B. and 1D. in subsection 9(2);

5 Chapter 66 of the Acts of 2008 is repealed.

6 For greater certainty, notwithstanding the repeal of subsection 11A(4) and of Section 14, both subsection 11A(4) and Section 14 continue to apply with respect to a tenant of a manufactured home space who received a notice of increase of rent before the repeal.

7 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2011 Crown in right of Nova Scotia. Created November 23, 2011. Send comments to legc.office@novascotia.ca.

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