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 (effective October 1, 1989), N.S. Reg. 190/1989
amended to O.I.C. 2025-111 (effective April 30, 2025), N.S. Reg. 76/2025
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
[Citation]
Interpretation
Sublease or assignment fee
Landlord’s consent to proposed purchaser of manufactured home becoming tenant
Guideline for determining whether to terminate tenancy due to tenant repeatedly paying
rent late under clause 10AF(1)(a) of Act
Establishing common anniversary date for housing associations
Security deposits
Inventory of abandoned personal property
Disposing of abandoned personal property
Disposing of abandoned manufactured homes
Accounting of sale of abandoned property
Submitting evidence for use at hearing held by Director
Types of evidence that may be submitted for use at hearings
Annual allowable rent increase amount in land-lease communities
When rent increase lower than annual allowable rent increase amount
Application for rent increase greater than annual allowable rent increase amount
Guidelines for Review of Application for Rent Increase Greater than Annual Allowable Rent
Increase Amount for Land-lease Communities
Director’s considerations
Income and operating expenses
Expenses included as operating expenses
Unused portion of annual allowable rent increase amount for previous calendar year
Expenses not allowed
Management fee
Capital costs
Difference between actual and projected capital costs
Fees
Fee for application to Director
Forms
Prescribed forms
Schedule A: Life Expectancy Guide—For Land-Lease Communities
[Forms]
Form A: Inventory of Tenant’s Abandoned Personal Property
Form B: Accounting of Sale of Abandoned Personal Property
[Citation]
1A These regulations may be cited as the Residential Tenancies Regulations.
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;
(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;
(d) “public sale” means a sale of property with notice to the general public, and
includes a sale by classified advertisement;
(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;
(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.
(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.
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.
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 a method of
service provided for in subsection 15(1) of the Act.
(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.
Guideline for determining whether to terminate tenancy due to tenant repeatedly paying
rent late under clause 10AF(1)(a) of Act
4 For the purposes of subsection 10AF(2) of the Act, when determining whether to
terminate a tenancy because the tenant is repeatedly late paying rent under clause
10AF(1)(a) of the Act, the guideline that is prescribed by this Section and that must be
considered by the Director is that the minimum number of late payments that justifies
termination of a tenancy is 3 late payments.
4A [repealed]
4B [repealed]
4C [repealed]
4D [repealed]
4E [repealed]
4F [repealed]
4G [repealed]
4H [repealed]
4I [repealed]
Establishing common anniversary date for housing associations
4J (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.
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;
compounded annually, while the security deposit is held by the landlord.
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.
(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.
20 [repealed]
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.
Inventory of abandoned personal property
23 (1) 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 as follows:
(a) by registered mail, express post or courier to the tenant’s new address, if
known;
(b) by e-mail, if an e-mail address for the tenant is indicated on the lease; or
(c) if the tenant’s new address is not known and no e-mail address for the
tenant is indicated on the lease, by registered mail, express post or courier to
the address for contact of next of kin, if indicated on the lease.
(2) Subsection (1) does not apply to abandoned personal property that may be
disposed of under subsection 24(4).
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 30 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 if 30 days have elapsed since Form A was filed with the
Director and mailed to the tenant or the tenant’s next of kin.
(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.
(4) A landlord may immediately dispose of abandoned personal property if the
landlord is satisfied on reasonable grounds that 1 of the following applies:
(a) the abandoned personal property has no monetary value;
(b) the cost of inventorying, removing, storing and selling the abandoned
personal property would be more than the proceeds of the sale.
(5) Subsection (4) does not apply to abandoned personal property that is an item such
as a personal document or photograph that by its nature is impossible or difficult to
replace and is of little or no monetary value.
(6) A landlord must prepare an inventory of abandoned personal property disposed of
under subsection (4), and must retain a copy of the inventory for 1 year after the
termination of the tenancy.
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 30 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.
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.
25 [repealed]
Submitting evidence for use at hearing held by Director
25A (1) Each party to a matter to be heard by the Director under Section 17 of the Act
must submit all of the following to each of the other parties and to the Director:
(a) copies of all evidence that the party intends to rely on at the hearing;
(b) a document identifying the types of evidence submitted under this
subsection and the number of each type of evidence.
(2) A submission under subsection (1) must be made in sufficient time so that each
recipient receives it at least 5 days before the date of the hearing, unless a later
time is permitted under subsection (6).
(3) A submission under subsection (1) must be by 1 of the following methods:
(a) personal service, which, for a submission to the Director, may be to an
Access Nova Scotia office;
(b) if the receiving party is a landlord, prepaid registered mail, prepaid express
post or prepaid courier service addressed to 1 of the following:
(i) the address of the landlord stated in the lease,
(ii) an address where the landlord carries on business as a landlord,
(iii) an address where the rent is payable;
(c) if the receiving party is a tenant, prepaid registered mail, prepaid express
post or prepaid courier service addressed to 1 of the following:
(i) the address of the residential premises if the tenant resides there,
(ii) a forwarding civic address provided by the tenant;
(d) e-mail, if all of the following requirements are met:
(i) the receiving party has provided, in the lease or in accordance with
Section 7C of the Act, an e-mail address to receive documents,
(ii) the submission is sent to the most-recently provided e-mail address
referred to in subclause (i),
(iii) the sending party has provided, in the lease or in accordance with
Section 7C of the Act, an e-mail address to receive documents,
(iv) the submission is sent from the most-recently provided e-mail
address referred to in subclause (iii);
(e) e-mail, if the receiving party consents to receiving the submission by e-mail
and the sending party receives a confirmation of delivery from the receiving
party, except that the Director does not have to provide consent before
receiving submissions by e-mail.
(3A) A submission sent by e-mail under clause (3)(d) or (e) must meet both of the
following requirements:
(a) it must be provided in the same or substantially the same form as the
original;
(b) it must be capable of being retained by the receiving party so as to be usable
for subsequent reference.
(3B) A submission sent by registered mail, express post or courier service under this
Section is deemed to have been received by the receiving party on the 3rd day after
the date it was sent, and the submitting party must retain confirmation that it was
prepaid and properly addressed and sent.
(3C) A submission sent by e-mail under this Section is deemed to have been received
by the receiving party on the same day it was sent if the submission was sent
before 4:00 p.m., or the next day if the submission was sent at or after 4:00 p.m.
(4) At a hearing, each party must be prepared to demonstrate to the satisfaction of the
Director that the evidence and document referred to in subsection (1) were
submitted to all other parties to the matter as required by this Section.
(5) A party who submits evidence must keep an exact copy of the evidence submitted
(a) for at least 10 days after an order in the matter is made by the Director
under Section 17A of the Act; or
(b) if the order of the Director is appealed to the Small Claims Court, until a
Small Claims Court order in the matter has been made under Section 17D
of the Act.
(6) The Director has the discretion to permit any party to submit evidence at any time,
including at the time of the hearing.
(7) If the Director permits a party to submit evidence later than as required by
subsection (2),
(a) the other parties must be given an opportunity to review the evidence at the
time of the hearing;
(b) any of the other parties may request that the hearing be adjourned; and
(c) the Director may adjourn the hearing to another time if an adjournment is
necessary for any of the other parties to receive copies of the evidence being
submitted.
Types of evidence that may be submitted for use at hearings
25AA(1) The Director may impose restrictions on the acceptable format and file types for
evidence being submitted under Section 25A in digital format.
(2) If evidence submitted is not in an acceptable format or quality to support a fair and
appropriate hearing, the Director may require the party who submitted the
evidence to resubmit it in a different format or to submit exact copies.
(3) The following types of evidence must not be submitted:
(a) physical objects;
(b) living or dead specimens.
(4) For greater certainty, a photograph of the types of evidence referred to in
subsection (3) may be submitted.
(5) A party must make the original of any evidence available to the Director if
requested to do so, and the Director has the discretion to require that the original
document be placed into evidence rather than a copy.
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 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.
When rent increase lower than annual allowable rent increase amount
25C A 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.
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
(a) in the form required by the Director; and
(b) filed with the Director by the landlord together with both of the following:
(i) the form for financial information in support of a rent increase
greater than the annual allowable rent increase amount, in the form
required by the Director,
(ii) 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 a manufactured home space, in the form
required by the Director.
(4) A landlord must do all of the following:
(a) serve both of the documents referred to in subsection (3) on each tenant
named in the application by a method of service provided for in subsection
13(2A) of the Act;
(b) return a copy of the certificate of service, in the form that is attached to the
form for an application, to the Director no later than 14 days after the
deadline for service set out in subsection (3).
(5) If the landlord does not comply with subsection (3) or (4), the Director must
dismiss the application and refuse the rent increase amount requested by the
landlord.
(6) If a tenant named in an application wishes to review the form for financial
information in support of a rent increase greater than the annual allowable rent
increase amount that was filed with the Director by the landlord under subclause
(2)(b)(i), 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 30 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 request a landlord to submit additional documentation to
support the landlord’s financial information submitted on the form for financial
information in support of a rent increase greater than the annual allowable rent
increase amount that was filed with the Director by the landlord under subclause
(2)(b)(i).
(10A) If the Director requests that a landlord submit additional documentation under
subsection (10), the landlord must submit the additional documentation no later
than 14 days after the date the request is made by the Director.
(10B) The Director may dismiss the application and refuse the rent increase amount
requested by the landlord in any of the following circumstances:
(a) the landlord has not complied with subsection (10A);
(b) the application is incomplete;
(c) the form for financial information in support of a rent increase greater than
the annual allowable rent increase amount that was filed with the Director
by the landlord under subclause (2)(b)(i) is incomplete.
(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 the form for financial information in support of a rent
increase greater than the annual allowable rent increase amount that was
filed with the Director by the landlord under subclause (2)(b)(i);
(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 (10A);
(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.
Guidelines for Review of Application for Rent Increase Greater than Annual Allowable
Rent Increase Amount for Land-lease Communities
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;
(b) operating expenses— include the regular expenses necessary to operate the
land-lease community;
(c) [repealed]
(2) In determining amounts for purposes of clause (1)(b) the Director shall also
consider Sections 27 to 32.
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).
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.
Unused portion of annual allowable rent increase amount for previous calendar year
28A The 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.
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;
(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;
(e) any debt servicing expense incurred for any other purpose than completing
capital cost items in the land-lease community;
(f) any expense that is not substantiated; or
(g) any expense that the Director determines to be unreasonable compared to
industry norms.
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.
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.
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.
Fees
Fee for application to Director
33 The fee for an application to the Director is $31.15.
Forms
34 [repealed]
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
|
________________________________________________________________
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
|
________________________________________________________________
[Forms]
Form A: Inventory of Tenant’s Abandoned Personal Property
(under subsection 5(3) of the Residential Tenancies Act and Section 23
of the Residential Tenancies Regulations)
Address of rental premises
|
Name of tenant
|
Forwarding address for tenant, if known or if unknown for person listed on the lease as next
of kin.
|
Date tenant abandoned rental unit
|
Amount of security deposit
|
Has tenant or next of kin been contacted?
(by registered mail, express post, courier or e-mail)
|
Location where personal property will be stored
|
|
|
|
|
|
Landlord’s name
|
|
Address
|
|
Telephone number/Fax number
|
|
|
|
Contact person
|
|
Telephone number
|
□ The goods are unsanitary or unsafe to store— dispose of immediately.
□ The goods are of an estimated value under $500.00—landlord requests permission to
dispose of them after storing them for 30 days.
□ The goods are of a estimated value over $500.00—landlord will store them for 30 days.
□ The goods include an abandoned manufactured home.
List of abandoned personal property:
|
|
(Attach additional pages if necessary)
|
Additional information:
|
|
|
Signature of landlord
|
|
Date
|
Please forward a copy of this inventory to the Office of Service Nova Scotia and to the tenant, if
forwarding address is known, or to next of kin noted on the lease.
________________________________________________________________
Form B: Accounting of Sale of Abandoned Personal Property
(under Section 24B of the Residential Tenancies Regulations)
Landlord:
|
Address:
|
Landlord’s telephone/fax number:
|
Tenant:
|
Rental unit:
|
Tenancy began:
|
Tenancy ended:
|
Present address of tenant (if known) or of person listed as next of kin on lease
Total proceeds of sale
|
$ (1)
|
|
|
|
|
|
|
|
|
|
Expenses:
|
|
|
Amount
|
|
|
Removal
|
|
$
|
|
|
|
Storage
|
|
|
|
|
|
Advertising
|
|
|
|
|
|
Sale costs (specify)
|
|
|
|
|
|
Other (specify)
|
|
|
|
|
|
Total expenses:
|
|
$ (2)
|
|
|
|
|
|
|
|
|
|
|
Less:
|
|
|
|
|
|
Amount awarded to landlord by order of the
Director or order of the Small Claims Court
|
$ (3)
|
|
|
|
Expenses (enter amount from line 2)
|
$ (4)
|
|
|
|
Total (add lines 3 and 4)
|
$ (5)
|
|
$ (5)
|
|
Net proceeds (subtract line 5 from line 1 and
enter on line (6)
|
|
|
$ (6)
|
|
Net proceeds enclosed:
|
$
|
|
|
|
Please make cheque payable to the Public Trustee if net proceeds are shown.
I certify all information given to be true, correct and complete to the best of my knowledge:
|
|
|
|
Signature of landlord
|
|
Date
|
|
|
|
Witness
|
|
Date
|
Residential Tenancies—Inventory of Goods and Proceeds of Sale
Description of articles placed in storage
|
Method of disposition
|
Amount sold for
|
|
|
|
|
|
|
|
Total
|
$
|
|
|
|
The following regulations are not yet in force and are
not included in the current consolidation: