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John Bisset / Stuff
Two of Geraldine’s tenants have received $ 1,000 in landlord maintenance compensation, offsetting the $ 2,560 they have to pay in arrears. (File photo)
Two Geraldine tenants have tried unsuccessfully to have their lease terminated after learning that a historic suicide occurred in their rental.
They were ordered to pay their landlord, Blackham & Co Real Estate Ltd, $ 2,560 for three months’ rent after they vacated the property on Campbell St.
The landlord has also been ordered to pay tenants $ 1000 for failing to “provide and maintain the premises in a reasonable state of repair.”
The tenants had a one-year fixed-term lease as of September 27, 2018 and renewed for another year on September 27, 2019.
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A Lease Court ruling on August 10, 2020 says that the tenants asked if there had been any deaths at the property before entering the lease “because it was a matter of great importance to them.”
“They indicate that the landlord indicated that there had been no death on the property. The owner acknowledged that prior to the lease they were not aware of any deaths at the property. “
“At the beginning of the renewed period of the lease, the tenants discovered that a suicide had occurred on the property. The owner acknowledged that they now understand that this information is correct. “
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The court ruled that none of the different ways a fixed-term lease can be broken applies to tenants, and ordered them to pay Blackham & Co Real Estate $ 2,560 for three months of rent that they had not paid between vacating the property on March 30, 2020 and the landlord takes possession of the property on June 2, 2020.
After the tenants learned of the historic suicide, they told the landlord that they wanted to terminate the lease and gave a 21-day notice, although a fixed-term lease can only be terminated if both the landlord and the tenants agree.
The tenants said the landlord “indicated that he agreed with their eviction notice and that therefore the tenancy was terminated by agreement.”
However, the court ruled that “the evidence indicates that the landlord indicated a willingness to cooperate with the tenant with respect to vacating the premises, but only on the condition that the tenant provides a formal agreement for the breakdown lease procedure.” .
The court ruled that since there was no evidence of any formal agreement, “the tenant has not proven any agreement to terminate.”
Another reason for ending a lease early is misrepresentation; Any lease can be terminated if a landlord makes a false statement that causes the tenant to enter into the lease.
The court ruled that “the landlord, apparently innocently, misrepresented an aspect of the property that appears to be very important to the tenants at the time they signed the agreement”: the historic suicide.
However, the tenants did not actually vacate the property within the 21 day notice they gave.
The court ruled that by remaining in the property “the tenants therefore upheld the lease even after learning of the misrepresentation.”
“I believe there is no legal basis for termination for this reason.”
The tenants also filed for dismissal on the grounds that the landlord had breached the lease by failing to maintain the property at the level required by law.
The court ruled that the landlord’s lack of support did not allow the lease to be terminated. However, due to “more serious deficiencies on the part of the landlord with significant implications for the tenant’s amenities on the premises,” the tenants received compensation of $ 1,000.
The ruling said these serious problems included that the bathroom floor was “soft”, that the windows in the bedrooms and the solarium could not be opened, downspouts that allowed the discharge of rainwater to the ground and that they did not comply with the provisions on sewage water.
“I found that the landlord failed to meet responsibilities to provide and maintain the facilities in a reasonable state of repair, and that this has resulted in an overall loss of amenities for the tenants.”
Blackham & Co Real Estate declined to comment on the matter.
The judgment found that the landlord received $ 2,560 for rent arrears, of which $ 1,120 was the bond. The tenants’ compensation for the landlord’s lack of maintenance reduced that by another $ 1000, meaning the tenants were ordered to pay Blackham & Co Real Estate $ 440.00.
