This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Residential Tenancies Regulations
made under subsection 12(4) and Section 26 of the
Residential Tenancies Act
R.S.N.S. 1989, c. 401
O.I.C. 89-1118 (September 26, 1989, effective October 1, 1989), N.S. Reg. 190/89
as amended up to O.I.C. 2012-303 (Sept. 25, 2012, effective Nov. 15, 2012), N.S. Reg. 178/2012
[Please note: Effective April 1, 2013, these regulations are amended by N.S. Reg. 154/2013 (O.I.C. 2013-105)]
1A These regulations may be cited as the Residential Tenancies Regulations.
Original Section 1A added: O.I.C. 92-1206, N.S. Reg. 268/92; renumbered subsection 1(2): O.I.C. 95-876, N.S. Reg. 175/95.
Section 1A added: O.I.C. 95-876, N.S. Reg. 175/95.
Interpretation
1 (1) In these regulations
(a) in respect of the term “security deposit”,
(i) “money” includes coin, government or bank notes, cheques, drafts and post office, express or bank money orders,
(ii) “other value” includes securities, stock certificates, bonds, debentures, deposit receipts, treasury bills, negotiable instruments, real property, and anything of value which could be negotiated or transferred by the landlord, but excludes money;
(b) “Act” means the Residential Tenancies Act;
Clause 1(1)(b) added: O.I.C. 2012-303, N.S. Reg. 178/2012
(c) “annual allowable rent increase amount” means the amount that must not be exceeded when a landlord of a land-lease community imposes a rent increase, as referred to in subsection 11B(1) of the Act and calculated in accordance with Section 25B of these regulations;
Clause 1(1)(c) added: O.I.C. 2012-303, N.S. Reg. 178/2012
(d) “public sale” means a sale of property with notice to the general public, and includes a sale by classified advertisement;
Clause 1(1)(aa) added: O.I.C. 2005-215, N.S. Reg. 115/2005; relettered (d): O.I.C. 2012-303, N.S. Reg. 178/2012
(e) “record” includes the books of account and records of a landlord set up to keep security deposits separate and apart from the ordinary business records of the landlord;
Clause 1(1)(b) relettered (e): O.I.C. 2012-303, N.S. Reg. 178/2012
(f) “trust account” means a trust account set up in a bank, credit union or trust company by a landlord to keep security deposits separate and apart from the ordinary business and personal accounts of a landlord.
Clause 1(1)(c) relettered (f): O.I.C. 2012-303, N.S. Reg. 178/2012
Section 1 renumbered subsection 1(1): O.I.C. 95-876, N.S. Reg. 175/95.
(2) For greater certainty, “date on which a lease was first entered into” in clause 2(a) of the Act means the date on which the term of the lease begins.
Original Section 1A added: O.I.C. 92-1206, N.S. Reg. 268/92; renumbered subsection 1(2): O.I.C. 95-876, N.S. Reg. 175/95; replaced: O.I.C. 2003-32, N.S. Reg. 20/2003.
Sublease or assignment fee
2 For the purpose of subsection 6(3) of the Act, a landlord may charge a sum not exceeding $75.00 for expenses actually incurred in respect of a sublease or an assignment.
Section 2 repealed: O.I.C. 97-629, N.S. Reg. 132/97; added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Landlord’s consent to proposed purchaser of manufactured home becoming tenant
3 (1) In this Section,
“application for consent” means a tenant’s written application to their landlord under Statutory Condition 1A of subsection 9(2) of the Act on behalf of a proposed purchaser of the tenant’s manufactured home; and
“proposed purchaser” means a person who wishes to acquire title to or possession of a manufactured home and wishes to become a tenant of the manufactured home space upon which the manufactured home is located.
(2) If a tenant intends to apply for their landlord’s consent to assign their current lease to a proposed purchaser, the tenant shall, before submitting the application for consent, provide all of the following information to the proposed purchaser:
(a) a copy of the landlord’s reasonable rules that form part of the tenant’s lease;
(b) a copy of any part of the tenant’s lease that is in writing;
(c) the amount of the tenant’s current rent payable;
(d) the date of the tenant’s last rent increase and the rent increase amount.
(3) An application for consent shall include all of the following information:
(a) the address of the manufactured home space upon which the manufactured home is located;
(b) the name, telephone number and mailing address of the tenant making the application for consent;
(c) the name, telephone number and current civic address of the proposed purchaser and the name and telephone number of the landlord, if any, for that address;
(d) the mailing address of the proposed purchaser, if different from the current civic address provided under clause (c);
(e) if the proposed purchaser has been at their current civic address for less than 2 years, the previous civic address of the proposed purchaser and the name and telephone number of the landlord, if any, for that address;
(f) the names and telephone numbers of 2 personal references for the proposed purchaser;
(g) whether the application for consent is for
(i) the landlord’s consent for the landlord to enter into a new lease with the proposed purchaser, or
(ii) the landlord’s consent for the tenant to assign the tenant’s current lease to the proposed purchaser;
(h) the proposed effective date for the new lease or for the assignment of the tenant’s current lease to the proposed purchaser;
(i) the signed consent of the proposed purchaser authorizing the landlord to do all of the following for the purpose of verifying or obtaining information relevant to the application for consent:
(i) contact the other landlords whose names are provided under clauses (c) and (e),
(ii) contact the personal references whose names are provided under clause (f),
(iii) verify the income of and obtain a credit report on the proposed purchaser;
(j) if the application for consent is for consent to have the tenant’s current lease assigned to the proposed purchaser, a statement, signed by the proposed purchaser, acknowledging that the proposed purchaser has received the information required by subsection (2).
(4) A tenant shall serve an application for consent on their landlord by personal service, registered mail or substituted service authorized by the Director under subsection 25(3) of these regulations.
(5) For greater certainty, for the purposes of Statutory Condition 1D of subsection 9(2) of the Act, the landlord shall, within 10 days of receipt of an application for consent, consent to the request or set out the reasons why consent is being withheld, failing which the landlord is deemed to have given consent, even if a tenant’s application for consent does not include all of the information required by subsection (3).
(6) If a landlord withholds consent under Statutory Condition 1D of subsection 9(2) of the Act, the landlord’s written response shall indicate
(a) 1 or more of the reasons set out in subsection (7) why the landlord is withholding consent; and
(b) the source and nature of the information that supports those reasons.
(7) For the purposes of Statutory Condition 1D of subsection 9(2) of the Act, a landlord may withhold consent to a tenant’s application for consent only for 1 or more of the following reasons:
(a) the tenant did not provide all of the information required by subsection 3(3) of these regulations;
(b) the landlord, on the basis of relevant information, has reasonable grounds to conclude that the proposed purchaser is unlikely to comply with the lease or the landlord’s reasonable rules that form part of the lease;
(c) the landlord, on the basis of relevant information, has reasonable grounds to conclude that the proposed purchaser is unable or unlikely to pay the rent;
(d) the proposed purchaser does not intend to reside in the manufactured home and
(i) intends to use the manufactured home for business purposes, or
(ii) has purchased more than 1 manufactured home in the landlord’s land-lease community;
(e) the manufactured home has been removed from the manufactured home space or destroyed;
(f) the landlord, as a result of being unable to contact 1 or more references provided under clause 3(3)(f) of these regulations, has insufficient information to make a decision about the request, but only if the landlord
(i) promptly advised the tenant of his or her inability to contact 1 or more of those references, and
(ii) made every reasonable effort to contact those references and any references provided by the tenant in place of those references;
(g) the tenant owes the landlord arrears of rent or an amount due under an order of the Director or Small Claims Court;
(h) the manufactured home does not comply with municipal by-laws in respect of the manufactured home or the manufactured home space;
(i) the manufactured home does not comply with the landlord’s reasonable rules forming part of the lease.
Section 3 repealed: O.I.C. 97-629, N.S. Reg. 132/97; added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Tenant’s notice to quit under subsection 10(1) or (3) of Act
4 A notice to quit given by a tenant to a landlord under subsection 10(1) or 10(3) of the Act must be in Form C: Tenant’s Notice to Quit.
Section 4 repealed: O.I.C. 97-629, N.S. Reg. 132/97; added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Landlord’s notice to quit for rental arrears under subsection 10(6) of Act
4A A notice to quit for rental arrears given by a landlord to a tenant under subsection 10(6) of the Act must be in Form D: Landlord’s Notice to Quit for Rental Arrears.
Section 4A added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Landlord’s notice to quit for breach of statutory condition under subsections 10(7B) and (7C) of Act
4B A notice to quit for breach of a statutory condition given by a landlord to a tenant under subsections 10(7B) and 10(7C) of the Act must be in Form E: Landlord’s Notice to Quit–Breach of Statutory Condition.
Section 4B added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Landlord’s notice to quit under subsection 10(7) or (7A), clause 10(8)(a), (b) or (c) or clause 10(9)(c) of Act
4C A notice to quit given by a landlord to a tenant under subsection 10(7) or (7A), clause 10(8)(a), (b) or (c), or clause 10(9)(c) of Act must be in Form F: Landlord’s Notice to Quit–Additional Circumstances.
Section 4C added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Tenant’s notice to quit for early termination under Section 10B, 10C or 10D of Act
4D A notice to quit given by a tenant to a landlord under Section 10B, 10C or 10D of the Act must be in Form G: Tenant’s Notice to Quit–Early Termination of Tenancy.
Section 4D added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Physician’s certificate
4E A certificate of a medical practitioner under Section 10B or 10C of the Act must be in Form H: Physician’s Certificate.
Section 4E added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Proof of service of [on] tenants for early termination under Section 10B, 10C or 10D of Act
4F A tenant who terminates their tenancy early under Section 10B, 10C or 10D of the Act shall use 1 of the following forms for giving their landlord the required proof of service that a copy of a notice to quit was served on all the tenants in the same residential premises:
(a) an acknowledgment of service signed by each tenant in the same residential premises in the form attached to Form G: Tenant’s Notice to Quit–Early Termination of Tenancy;
(b) a sworn affidavit of service for each tenant in the same residential premises in the form attached to Form G: Tenant’s Notice to Quit–Early Termination of Tenancy.
Section 4F added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Proof of acceptance into nursing home or home for special care
4G For the purpose of Section 10D of the Act, the proof of acceptance to be given by the tenant to the landlord is a letter from the nursing home or home for special care confirming that the tenant has been accepted into the nursing home or home for special care on a permanent basis.
Section 4G added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Notice to quit by personal representative under Section 10E of Act
4H A notice to quit given by the tenant’s personal representative under Section 10E of the Act must be in Form I: Notice to Quit–Early Termination of Tenancy by Personal Representative.
Section 4H added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Establishing common anniversary date for housing associations
4I (1) For the purpose of subsection 11(2A) of the Act, if a landlord that is a housing association within the meaning of the Co-operative Associations Act wishes to establish a common anniversary date for the increase of rent payable by tenants, the landlord shall give the tenants a notice in writing stating the common anniversary date.
(2) The notice referred to in subsection (1) must be given to the tenants at least 4 months before the common anniversary date.
Section 4I added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Security deposits
5 For the purposes of subsection 12(4) of the Act, the landlord shall credit interest to the tenant on the full amount or value of the security deposit on, from and after
(a) January 1, 1985 at the rate of seven percent per annum;
(b) January 1, 1992 at the rate of three percent per annum;
(c) January 1, 1995 at the rate of one percent per annum; and
(d) January 1, 2013, at the rate of zero percent per annum;
Clause 5(d) added: O.I.C. 2012-303, N.S. Reg. 178/2012.
compounded annually, while the security deposit is held by the landlord.
Section 5 replaced: O.I.C. 95-876, N.S. Reg. 175/95.
6 Every landlord shall keep a record which is clearly distinguishable from the record of money received and disbursed on his own account, and which shows for each tenant
(a) any money received as a security deposit, any disbursements, and the undisbursed balance thereof; and
(b) any other value received and delivered as a security deposit, any disbursements and the undisbursed portion thereof held in trust.
7 Every landlord shall keep a record which shows
(a) a comparison made monthly between the total of the undisbursed balances of monies held in trust for tenants by the landlord and the total of the balances held on deposit in the trust account, together with an explanation for any difference in the totals; and
(b) a consolidated list of all other value held in trust for tenants.
8 Every landlord shall keep a bank statement and pass book of the trust account containing the security deposits of each tenant.
9 Every landlord who receives a security deposit from a tenant in money shall have at least one deposit account which shall be
(a) in a chartered bank, credit union or trust company authorized by law to receive money on deposit;
(b) designated both in the records of the landlord and of the bank, credit union or trust company as a trust account; and
(c) kept separate and apart from any deposit account containing monies belonging to the landlord.
10 Money held in trust for or on account of a tenant in respect of a tenancy shall be kept in the Province and,
(a) upon receipt of a security deposit in money for or on account of a tenant, every landlord shall pay the money into the landlord’s trust account not later than the third banking day following the day of receipt thereof by the landlord; and
(b) upon receipt of a security deposit in other value for or on account of a tenant, every landlord shall be liable for its safekeeping.
11 (1) No money shall be withdrawn from a landlord’s trust account except as provided in the Act or these regulations.
(2) Notwithstanding subsection (1), money deposited in a landlord’s trust account by mistake, accident, or which belongs to the landlord, may be withdrawn.
12 Every cheque drawn on a trust account shall be marked as a trust account cheque and be payable to a named payee, and no money shall be withdrawn from the trust account on behalf of the landlord except as provided in the Act or these regulations.
13 No landlord shall at any time
(a) deposit money in, draw on, or otherwise use his trust account for business or personal use; or
(b) permit his trust account to be overdrawn as a whole, or with respect to the funds held on account of any tenant.
14 Nothing in these regulations shall deprive a landlord of any recourse or right, whether by way of a lien, set-off, counterclaim, charge or otherwise, against money in a trust account, or against other value held by a landlord as a security deposit.
15 (1) A landlord may invest money held as a security deposit in government backed guaranteed investment certificates.
Subsection 15(1) replaced: O.I.C. 95-876, N.S. Reg. 175/95.
(2) Where other value is held as a security deposit, no landlord may sell or otherwise convert the other value into money or invest the proceeds thereof in securities or in any other manner unless the tenant for or on behalf of whom the security deposit is held consents in writing.
16 Any interest earned in excess of the rate determined by the Governor in Council for security deposits shall become the property of the landlord.
17 Charges associated with the setting up and normal operation of a trust account are the responsibility of the landlord.
18 Every landlord shall at all times maintain a sufficient balance on deposit in his trust account which together with undeposited money in trust for or on account of a tenant is sufficient to meet all of the obligations of the landlord with respect to security deposits.
19 Every landlord shall, within ten days from the receipt of a written request from the Director of Residential Tenancies, file a certificate signed by a public accountant and satisfactory to the Director as to the financial position of his trust account.
Section 19 amended: O.I.C. 2003-32, N.S. Reg. 20/2003.
Section 20 repealed: O.I.C. 2003-32, N.S. Reg. 20/2003.
21 Upon the sale or transfer of a rental property, a landlord shall transfer his trust account to the new landlord, together with all records and statements of the trust account.
22 Upon trusteeship, receivership, bankruptcy, abandonment, foreclosure or sale of land under execution, a landlord shall transfer his trust account to the trustee, receiver, mortgagee or new landlord, together with all records and statements of the trust account.
Section 22 added: O.I.C. 95-876, N.S. Reg. 175/95.
Inventory of abandoned personal property
23 Where a tenant leaves personal property in the residential premises after the tenancy has ended or the tenant has abandoned the residential premises pursuant to subsection 5(3) of the Act, the landlord shall prepare an inventory in Form A and file it with the Director, and send a copy of Form A to the tenant by registered mail to the tenant’s new address, if known, or to the address for contact of next of kin, if indicated on the lease.
Section 23 added: O.I.C. 95-876, N.S. Reg. 175/95; amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Disposing of abandoned personal property
24 (1) The Director may, in writing, authorize a landlord to dispose of abandoned personal property that has an estimated value of $500 or less by any method convenient to the landlord, if 60 days have elapsed since Form A was filed with the Director and mailed to the tenant or the tenant’s next of kin.
(2) The Director may, in writing, authorize a landlord to sell abandoned personal property that has an estimated value over $500, except manufactured homes, through a public sale or a public auction, if 60 days have elapsed since Form A was filed with the Director and mailed to the tenant or the tenant’s next of kin.
Subsection 24(2) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
(3) A landlord may immediately dispose of abandoned personal property that the landlord considers to be unsanitary or unsafe to store, and within 10 days of the date that the property is disposed of, must file Form A with the Director and mail a copy of Form A to the tenant or the tenant’s next of kin.
Section 24 replaced: O.I.C. 2005-215, N.S. Reg. 115/2005.
Disposing of abandoned manufactured homes
24A (1) The Director may, in writing, authorize the landlord to sell abandoned personal property that consists of a manufactured home through a public auction, if 60 days have elapsed since Form A was filed with the Director and mailed to the tenant or the tenant’s next of kin.
(2) Before authorizing the sale of a manufactured home in accordance with subsection (1), the Director shall require that a landlord provide proof satisfactory to the Director that no security interests are held against the manufactured home.
Section 24A added: O.I.C. 2005-215, N.S. Reg. 115/2005; amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Accounting of sale of abandoned property
24B Within 10 days of the date of a sale or auction of a tenant’s abandoned personal property, a landlord must file an accounting of sale in Form B with the Director for any abandoned personal property that is sold.
Section 24B added: O.I.C. 2005-215, N.S. Reg. 115/2005.
Application to Director under subsection 13(1) of Act
24CAn application to the Director under subsection 13(1) of the Act, other than an application referred to in Section 24D of these regulations, must be in Form J: Application to Director.
Section 24C added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Application to Director respecting rental arrears under subsections 10(6D) and (6E) and Section 13 of Act
24DAn application to the Director under subsections 10(6D) and (6E) and Section 13 of the Act must be in Form K: Application to Director–Rental Arrears.
Section 24D added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Service
25 (1) Where an application pursuant to subsection 13(1) of the Act is filed, the applicant shall serve a copy of the application on the other parties to the matter by personal service or by registered mail.
Subsection 25(1) amended: O.I.C. 2003-32, N.S. Reg. 20/2003.
(2) For the purposes of subsection 15(1) of the Act, “substituted service” means a method of service set out in subsection (3).
(3) If a party satisfies the Director that reasonable efforts have been made to serve any other party by personal service or by registered mail, and the efforts have been unsuccessful, the Director may authorize substituted service, which may be effected by the party leaving the documents
(a) at the other party’s place of business; or
(b) where the other party is a landlord, with the superintendent responsible for the residential premises or with the property manager at the address noted on the lease; or
(c) where the other party is a tenant, with the tenant’s next of kin as noted on the lease; or
(d) in any other manner satisfactory to the Director.
(4) Proof of service may be in Form L: Affidavit of Service.
Subsection 25(4) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Subsection 25(5) repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.
Section 25 added: O.I.C. 97-629, N.S. Reg. 132/97.
Notice of rent increase for manufactured home space
25AA notice of rent increase for a manufactured home space under subsection 11A(1) of the Act must be in Form M: Notice of Rent Increase for Manufactured Home Space.
Section 25A added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Annual allowable rent increase amount in land-lease communities
25B (1) In this Section, “Consumer Price Index” means the all-items Consumer Price Index for Nova Scotia, not seasonally adjusted, published by Statistics Canada.
(2) For the purpose of subsection 11B(1) of the Act, a landlord of a land-lease community shall not impose a rent increase in the land-lease community by an amount that is greater than the annual allowable rent increase amount calculated in accordance with subsection (3) and published by Service Nova Scotia and Municipal Relations on its website by March 1 of the preceding year.
(3) The formula for calculating the annual allowable rent increase amount is (X + Y) ÷ 2, in which, subject to subsection (4),
(a) X = the annual average percentage change for the Consumer Price Index for the calendar year that immediately precedes the date the annual allowable rent increase amount is published in accordance with subsection (2); and
(b) Y = the annual average percentage change for the Consumer Price Index for the calendar year that immediately precedes the calendar year referred to in clause (a).
(4) If the annual average percentage change for 1 of the calendar years referred to in the formula in subsection (3) is a negative value, the annual average percentage change to be used for that calendar year in calculating the annual allowable rent increase amount is 0.0 %.
(5) For greater certainty, an annual allowable rent increase amount is valid for rent increases with an effective date from January 1 to December 31 of the calendar year following the date the amount is published in accordance with subsection (2).
(6) Despite subsections (2) and (3), if, after the date this Section comes into force, a landlord of a land-lease community gives a tenant notice of a rent increase that has an effective date during the 2013 calendar year, the annual allowable rent increase amount for that increase is 3.0%, which in accordance with subsection 11B(1) of the Act is the maximum amount that the landlord may impose for that rent increase.
Section 25B added: O.I.C. 2012-303, N.S. Reg. 178/2012.
When rent increase lower than annual allowable rent increase amount
25CA landlord who imposes a rent increase that is less than the annual allowable rent increase amount shall not carry forward the unused portion to apply to a future calendar year, but the landlord may, for the next calendar year, apply to the Director under subsection 11B(2) of the Act and Section 25D of these regulations for permission to increase rent by an amount that is greater than the annual allowable rent increase amount.
Section 25C added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Application for rent increase greater than annual allowable rent increase amount
25D(1) In this Section, “application” means an application to the Director under subsection 11B(2) of the Act by a landlord of a land-lease community for permission to increase rents in the land-lease community by an amount that is greater than the annual allowable rent increase amount.
(2) An application must be in Form N: Application to Director–Rent Increase Greater Than Annual Allowable Rent Increase Amount, and must be filed with the Director together with
(a) a completed Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount; and
(b) payment of the application fee set out in Section 33 of these regulations.
(3) At least 7 months before the tenant’s anniversary date, a landlord shall serve each tenant named in the application with both of the following documents in the manner set out in subsection (4):
(a) a copy of the application;
(b) a Notice of Rent Increase for Manufactured Home Space in Form M.
(4) A landlord shall serve the documents referred to in subsection (3) on each tenant named in the application by personal service, registered mail or substituted service authorized by the Director under subsection 25(3) of these regulations, and the landlord shall return a copy of the sworn affidavit of service in the form attached to Form N to the Director no later than 14 days after the deadline for service set out in subsection (3).
(5) If the deadline for service set out in subsection (3) is not met or if the documents are not served as required by subsection (4), the application is deemed to be withdrawn with respect to the tenants who were not properly served as required by those subsections.
(6) If a tenant named in an application wishes to review the Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount provided by the landlord to the Director, the tenant may contact the Director to make arrangements to review the form.
(7) If a tenant named in an application wishes to make submissions to the Director in response to the application, the tenant shall provide their submissions, in writing, and any supporting documentation to the Director no later than 14 days after the deadline for service set out in subsection (3).
(8) Any submissions provided by a tenant to the Director in accordance with subsection (7) are forwarded by the Director to the landlord.
(9) If a landlord wishes to respond to any submissions made by a tenant, the landlord shall provide their response, in writing, and any supporting documentation to the Director no later than 14 days after receiving the tenant’s submissions from the Director.
(10) The Director may require a landlord to submit additional documentation to support the landlord’s financial information submitted on Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount.
(11) In determining the appropriate rent increase amount on an application, the Director shall not conduct an oral hearing but shall consider all of the following:
(a) the application and Form O: Financial Information in Support of a Rent Increase Greater Than Annual Allowable Rent Increase Amount filed by the landlord;
(b) any written submissions and supporting documentation provided by a tenant under subsection (7);
(c) any written response and supporting documentation provided by the landlord under subsection (9);
(d) any additional supporting documentation provided by the landlord under subsection (10);
(e) the guidelines set out in Sections 26 to 32 of these regulations.
(12) The Director shall, within a reasonable time frame, make a written order in accordance with Section 17A of the Act determining the rent increase amount, and the order is mailed to the landlord and to all tenants who are subject to the rent increase amount.
(13) The Director may do any of the following in an order determining a rent increase amount:
(a) grant the rent increase amount requested by the landlord;
(b) refuse the rent increase amount requested by the landlord;
(c) order some other rent increase amount not exceeding the amount requested by the landlord in the application.
Section 25D added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Guidelines for Review of Application for Rent Increase Greater than
Annual Allowable Rent Increase Amount for Land-lease Communities
Centred heading before Section 26 replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.
Director’s considerations
26 (1) When making a determination on an application pursuant to subsections 11B(2) and (3) of the Act and Section 25D of these regulations for permission to increase rent in a land-lease community by an amount greater than the annual allowable rent increase amount, the Director shall consider the following:
(a) income — total potential income at 100% occupancy of the land-lease community and any other income generated through and in relation to land-lease community operation;
Clause 26(1)(a) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
(b) operating expenses — include the regular expenses necessary to operate the land-lease community;
Clause 26(1)(b) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Clause 26(1)(c) repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.
Subsection 26(1) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
(2) In determining amounts for purposes of clause (1)(b) the Director shall also consider Sections 27 to 32.
Subsection 26(2) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Section 26 added: O.I.C. 97-629, N.S. Reg. 132/97.
Income and operating expenses
27 The Director shall consider the income and operating expenses referred to in Section 26 for each of the following periods:
(a) the calendar year that immediately preceded the date the annual allowable rent increase amount was published in accordance with subsection 25B(2) of these regulations; and
(b) the calendar year that immediately preceded the calendar year referred to in clause (a).
Section 27 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.
Expenses included as operating expenses
28 For the purposes of clause 26(b) and Section 27 of these regulations, operating expenses include all of the following:
(a) the following general administration and insurance expenses:
(i) management fee,
(ii) staff wages,
(iii) office supplies and equipment,
(iv) office utilities,
(v) other fees directly related to business operations,
(vi) property and liability insurance;
(b) the following utilities:
(i) water and sewer,
(ii) electricity,
(iii) oil,
(iv) natural gas;
(c) the following grounds and maintenance services expenses:
(i) road maintenance,
(ii) common area and playground maintenance,
(iii) water and sewer testing and maintenance,
(iv) electrical maintenance,
(v) landscaping,
(vi) snow removal,
(vii) garbage removal;
(d) the following miscellaneous maintenance and services expenses:
(i) general equipment and vehicle maintenance,
(ii) pest control,
(iii) security;
(e) property taxes;
(f) any operating expense that the Director determines to be reasonable compared to industry norms.
Section 28 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2005-215, N.S. Reg. 115/2005; O.I.C. 2012-303, N.S. Reg. 178/2012.
Unused portion of annual allowable rent increase amount for previous calendar year
28AThe Director shall consider any unused portion of the annual allowable rent increase amount for the previous calendar year, but the Director shall not allow any unused portion of an annual allowable rent increase amount for a year that precedes the previous calendar year.
Section 28A added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Expenses not allowed
29 The Director shall disallow any of the following expenses:
(a) any expense incurred in the preparation and presentation of an application under subsection 11B(2) of the Act and Section 25D of these regulations for permission to increase rent in a land-lease community by an amount greater than the annual allowable rent increase amount;
Clause 29(a) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
(b) any expenses that do not relate to the rental property;
(c) any expense or portion thereof that the Director determines is incurred as a result of a non-arms length transaction;
(d) any expense incurred in complying with any statutory enactment, unless the Director determines that the expense should be allowed in the circumstances;
Clause 29(d) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
(e) any debt servicing expense incurred for any other purpose than completing capital cost items in the land-lease community;
Clause 29(e) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
(f) any expense that is not substantiated; or
(g) any expense that the Director determines to be unreasonable compared to industry norms.
Section 29 added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Management fee
30 (1) A management fee is a justified expense whether paid to another individual or to the landlord.
(2) The maximum allowable management fee that may be considered by the Director for each of the 2 calendar years that immediately precede the date the annual allowable rent increase amount is published in accordance with subsection 25B(2) is 5% of total income at 100% occupancy.
Subsection 30(2) amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Section 30 added: O.I.C. 97-629, N.S. Reg. 132/97.
Capital costs
31 (1) All renovations, improvements and major repairs are considered capital costs.
(2) Consideration is given to the cost of the item and financing for a reasonable period of time divided by the expected life.
(3) The life expectancy guide attached as Schedule “A” and forming part of these regulations shall be used unless a landlord can substantiate to the satisfaction of the Director a shorter life expectancy.
(4) When projecting the interest rate to be applied to the funds required to finance a capital cost, the prime rate at the time of the review is to be used unless evidence is presented to substantiate another rate and that rate is determined by the Director to be reasonable.
Section 31 added: O.I.C. 97-629, N.S. Reg. 132/97.
Difference between actual and projected capital costs
32 If in a past year the Director allowed a rent increase that was greater than the annual allowable rent increase amount and was based in part or in whole on projected capital costs, the Director shall compare the projected capital costs and the actual capital costs and may consider any difference.
Section 32 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.
Fees
Centred heading after Section 32 added: O.I.C. 2012-303, N.S. Reg. 178/2012.
Fee for application to Director
33 The fee for an application to the Director is $28.59.
Section 33 added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2011-110, N.S. Reg. 127/2011; heading amended: O.I.C. 2012-303, N.S. Reg. 178/2012.
Forms
Standard form of lease
34 A standard form of lease under subsection 7(2) of the Act and clause 26(1)(c) of the Act must be in Form P: Standard Form of Lease.
Section 34 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.
Prescribed forms
35 The forms listed in the following table and as attached to these regulations are prescribed to be used for the purposes stated:
Form
Purpose of Form
A
Inventory of tenant’s abandoned personal property under subsection 5(3) of Act and Section 23 of regulations
B
Accounting of sale of abandoned personal property under Section 24B of regulations
C
Tenant’s notice to quit under subsection 10(1) or (3) of Act
D
Landlord’s notice to quit for rental arrears under subsection 10(6) of Act
E
Landlord’s notice to quit for breach of statutory condition under subsections 10(7B) and 10(7C) of Act
F
Landlord’s notice to quit under subsection 10(7) or (7A), clause 10(8)(a), (b) or (c) or clause 10(9)(c) of Act
G
Tenant’s notice to quit for early termination under Section 10B, 10C or 10D of Act
H
Physician’s certificate under Section 10B or 10C of Act
I
Notice to quit by personal representative under Section 10E of Act
J
Application to the Director under Section 13 of Act
K
Application to the Director respecting rental arrears under subsections 10(6D) and (6E) and Section 13 of Act
L
Affidavit of service under subsection 25(4) of regulations
M
Notice of rent increase for manufactured home space under subsection 11A(1) of Act
N
Application to Director under subsection 11B(2) of Act and Section 25D of regulations for permission to increase rent in land-lease community by amount greater than annual allowable rent increase amount
O
Financial information in support of rent increase greater than annual allowable rent increase amount under Section 25D of regulations
P
Standard form of lease under subsection 7(2) and clause 26(1)(c) of Act
[Please note: Forms are available in PDF format]
Section 35 added: O.I.C. 97-629, N.S. Reg. 132/97; replaced: O.I.C. 2012-303, N.S. Reg. 178/2012.
Section 36 added: O.I.C. 97-629, N.S. Reg. 132/97; repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.
Section 37 repealed: O.I.C. 2003-32, N.S. Reg. 20/2003.
Section 38 added: O.I.C. 97-629, N.S. Reg. 132/97; repealed: O.I.C. 2012-303, N.S. Reg. 178/2012.
Quotation marks removed from “Form “A”” and “Form “B””: O.I.C. 2012-303, N.S. Reg. 178/2012.
Schedule A
Life Expectancy Guide -- For Land-Lease Communities
ITEM LIFE (in years)
STREETS, PARKING AREAS, DRIVEWAYS, WALKWAYS
Asphalt 8 - 15
Concrete 15
Gravel 10
Interlocking Brick 20
FENCES
Wood 8 - 15
Steel 15 - 25
ROOFS
Flat 10 - 15
Sloped (Shingled) 15 - 20
ELECTRICAL
Light fixtures 10 - 15
Panels and distribution 20 - 30
Smoke detectors and fire alarms 10 - 20
Schedule A added: O.I.C. 97-629, N.S. Reg. 132/97; amended: O.I.C. 2012-303, N.S. Reg. 178/2012
Forms A-P (PDF format)