Richard Hobbs APPELLANT And: Upland Holdings LTD. FIRST RESPONDENT AND: DIRECTOR OF RESIDENTIAL TENANCIES SECOND RESPONDENT, 2022 NLSC 77

court crest IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR GENERAL DIVISION Citation : Hobbs v. Upland Holdings Ltd. , 2022 NLSC 77 Date : April 26, 2022 Docket : 202101G3226 Between: Richard Hobbs APPELLANT And: Upland Holdings LTD. FIRST RESPONDENT AND: DIRECTOR OF RESIDENTIAL TENANCIES SECOND RESPONDENT Before: Justice Vikas Khaladkar On Appeal From: A Decision of a Residential Tenancies Tribunal pursuant to the Residential Tenancies Act, 2018 , File # 2020-0570-SJ dated the 7th day of May, 2020. Place of Hearing: St. John’s, Newfoundland and Labrador Date of Hearing: April 26, 2022

Summary: The Director of Residential Tenancies has the jurisdiction to resolve disputes relating to a quantum meruit claim advanced by the tenant for work done by him in furtherance of the landlord’s responsibility to repair the demised premises and provide quiet and peaceful enjoyment of the property to the tenant. Appearances: Richard Hobbs Appearing on his own behalf No Appearance On behalf of the Defendants Authorities Cited: STATUTE CONSIDERED: Residential Tenancies Act, 2018 , S.N.L. 2018, c. R-14.2 REASONS FOR JUDGMENT Khaladkar, J. : INTRODUCTION [ 1 ] Mr.

Hobbs rents his dwelling. [ 2 ] At the start of the COVID-19 pandemic his ceiling sprung a leak. As a result of the pandemic no one could attend at his abode to repair the leak. Mr. Hobbs, with the landlord’s concurrence, repaired the leak himself. [ 3 ] The landlord offered Mr. Hobbs $100 to compensate him for the work that was done. Mr. Hobbs takes issue with the quantum of the payment, and says that a fair compensation for his labour, materials and inconvenience is $650.00. [ 4 ] Mr. Hobbs referred his dispute to the Director of Residential Tenancies (the “Director”).

The Tribunal that was convened to hear his claim refused to do so on the basis that it had no jurisdiction to act. [ 5 ] Mr. Hobbs has appealed that decision to this Court. ISSUE [ 6 ] Does the Director have the jurisdiction to investigate and adjudicate upon claims based upon quantum meruit in circumstances such as these? ANALYSIS [ 7 ] The Director’s authority is set out in the Residential Tenancies Act, 2018 , S.N.L. 2018, c. R-14.2 (the “ Act ”) as follows: 6. The director may (

a) investigate and determine a matter arising under a rental agreement or this Act ; and (

b) assign duties, including mediation and adjudication of disputes, to the persons the director considers appropriate. [ 8 ] A dispute between a tenant and a landlord regarding the repair of the demised premises is a matter arising under a rental agreement and, since the dwelling is a residential tenancy, is a matter arising under the Act .

[ 9 ] The relevant Statutory Conditions in section 10(1) of the Act provide as follows: 1. Obligation of the Landlord – (

a) The Landlord shall maintain the residential premises in a good state of repair and fit for habitation during the tenancy and shall comply with a law respecting health, safety or housing. … 7. Peaceful Enjoyment and Reasonable Privacy – … (

b) The landlord shall not unreasonably interfere with the tenant's reasonable privacy and peaceful enjoyment of the residential premises, a common area or the property of which they form a part. [Emphasis in original] [ 10 ] The landlord, pursuant to these provisions, is obligated by statute to provide the tenant with a safe habitation, in proper repair along with peaceful enjoyment of his property. This means that when the demised premises fall into disrepair, as happened in this case, the landlord is obligated to take such measures as are appropriate to repair the premises. [ 11 ]

Section 23 of the Act affords the tenant the remedy of cancellation of the residential tenancy in the event that the landlord breaches his statutory obligation to provide peaceful enjoyment. [ 12 ] In addition, the Director is given broad authority to determine any questions arising under the Act . Sections 42 and 47 state: 42.

(1) A landlord or tenant may, within one year after termination of the rental agreement, apply to the director to determine (

a) a question arising under this Act or the regulations; … 47.

(1) After hearing an application the director may make an order … (

d) requiring a landlord to compensate a tenant or a tenant to compensate a landlord for loss suffered or expense incurred as a result of a contravention of this Act or the rental agreement; … (

h) directing a landlord to pay to a tenant an amount as compensation for inconvenience as a result of a contravention of this Act or the rental agreement, and authorizing the tenant to offset that amount against future rent; [ 13 ] The Act is remedial legislation.

Its object is to outline the duties and responsibilities of landlords and tenants and to provide a mechanism for solving disputes that might arise without the necessity of having to commence an action in Small Claims Court or in this Court. [ 14 ] The Tribunal appointed by the Director in this case committed an error of law when it declined jurisdiction to deal with this matter.

The Director has the jurisdiction to adjudicate quantum meruit claims advanced by the tenant in respect of services provided to the landlord that the landlord ought to have provided in furtherance of its obligation to provide peaceful enjoyment of the demised property. [ 15 ] The Appeal is allowed. The matter is remitted to the Director to be dealt with according to law.

_____________________________ Vikas Khaladkar Justice