Tenancy board dismisses N.S. senior's claim asking for help with leaky ceiling

After more than a year, Joan Underwood got sick of walking past a large, leaking split in the ceiling of her apartment building's hallway. Some days, she saw dark, murky water in a bucket placed below the hole, as brown stains extended from the cracked plaster and water damage dappled the carpet below.

At one point, a pole appeared to be holding up the ceiling. She worried it would cave in, and decided to seek help from Nova Scotia's tenancy board.

"Something's got to be done, because right now nothing's being done," said the 92-year-old Underwood in an interview at her New Glasgow rental unit.

But Underwood's request for repairs was dismissed, with the tenancy officer stating "residential tenancy does not have authority to order remedy or repair for common areas, only the unit the tenant is renting."

By this reasoning, the board that regulates disputes between landlords and tenants would not have authority over common areas like stairwells, laundry rooms and elevators.

But Nova Scotia's director of residential tenancies says there is no policy stating the board cannot order repairs in common areas, and after CBC News contacted the department about the decision, it appears the department intervened.

Underwood's daughter said she heard from the local MLA's office on Wednesday, saying the office of the minister in charge of residential tenancies called and suggested Underwood resubmit her claim.

When asked if the minister's office got involved, a spokesperson repeatedly said, "We often provide general information to MLA offices so they can help support Nova Scotians."

'Appalling' decision, says lawyer

Melissa Mosher, the director of residential tenancies, said in an interview Tuesday that it's difficult to comment on this specific case because she wasn't present for the hearing, but common areas are generally covered under the program's scope. 

"Each residential tenancy officer is an independent decision maker," Mosher said. "However, it's not necessarily a policy of the program to not address common areas, but each hearing is different."

Mosher said tenancy board decisions do not set a legal precedent. But a Halifax lawyer is still concerned this is a slippery slope.

"It's plainly illogical and is incorrect both from a logical level but also a legal level," said Vincent Calderhead, a human rights lawyer with Pink Larkin in Halifax.

"Clearly when a tenant rents a place, part of what they're renting is the ability to access it and and to have that access maintained in a proper state of repair."

Calderhead said this makes him question the tenancy officer's training and comprehension of the law.

"It's very troubling to imagine an agency that administers residential tenancies legislation would be willing to render decisions that open up tenants to health and safety risk," he said. "It's quite appalling."

Months-long process 

Underwood said it took months to get the hearing underway once she decided to file a claim for repairs. She said she asked her landlord to fix the ceiling damage multiple times, but he said the roof was sound.

Underwood's daughter said she called municipal bylaw for help with the issue, and never received a call back.

So Underwood filed her paperwork in February, and had her son drive her to her landlord's office to serve him. She was unsuccessful, and had to hire someone to do the job.

Underwood also sought help from her local MLA's office, and even so, it took three attempts to successfully hold the hearing.

As part of her evidence, she submitted multiple photos of the ceiling damage and was clear that the damage was in the hallway sitting area. Her landlord submitted a written statement from a local contractor, explaining the ceiling is built to code and is not in danger of collapse. The contractor said they were "advised to keep the ceiling as is for any water to come through there instead of patching it and it spreading elsewhere."

CBC News called and emailed the landlord for comment but did not hear back.

Underwood had 10 days to appeal the decision through small claims court, but decided not to and missed the window. 

"I thought [I'm] 92, and I think I'm going to live till I'm 94. I don't want to spend the next two years fighting," she said.

But Underwood's daughter says since she got the call from the MLA's office on Wednesday, Underwood is considering filing a new claim.