WATT v BRAULT (Residential Tenancies)

In the matter of Watt v Brault, the dispute involved the validity of a termination notice issued by the lessor to the tenant, based on rent default. The case was heard in the Residential Tenancies Authority. The lessor, seeking possession of the property and the return of unpaid rent, argued that the termination notice was valid. Conversely, the tenant contested the notice's validity, asserting that it was flawed due to the absence of a prior notice to remedy the rent default. This legal contention centred on the interpretation and application of the relevant residential tenancy laws.

The court was required to determine whether the termination notice issued by the lessor was valid and, if so, whether the lessor was entitled to the possession of the property and unpaid rent. A critical issue was whether the lessor had complied with the statutory requirements for issuing a valid termination notice, particularly whether a notice to remedy the rent default was appropriately served prior to issuing the termination notice.

The court found that the lessor had not provided a valid notice to remedy the rent default, which was a prerequisite for issuing a valid termination notice. As a result, the termination notice was deemed invalid. Consequently, the lessor's application for possession was dismissed, and the tenant was not required to vacate the property. However, the court ordered the tenant to pay the rental bond and outstanding rent arrears by a specified date.