3rd Session, 61st General Assembly
60 Elizabeth II, 2011
The Honourable John MacDonell
Minister of Service nova Scotia and Municipal Relations
First Reading: November 23, 2011
Second Reading: November 25, 2011
Third Reading: December 12, 2011 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 1 amends the Statutory Conditions respecting manufactured homes to
(a) clarify that they apply only to leases of a manufactured home space and of a manufactured home in a land lease community;
(b) allow the tenant to apply to the landlord on behalf of the purchaser or lessee of the manufactured home to become a tenant of the manufactured home space;
(c) state that the landlord cannot unreasonably withhold or charge for the consent unless actual expenses are incurred to give the consent; and
(d) require the landlord within ten days of receipt of the request to either consent or give reasons for not consenting, failing which the landlord is deemed to have given consent.Clause 2 permits the landlord, where the notice to quit is valid, to apply to the Director for three remedies at once as follows:
(b) an order requiring the tenant to pay to the landlord any rent owing for the month in which the notice to quit was given to the tenant; and
(c) an order allowing the landlord to retain the tenant's security deposit and apply it against the rental arrears for the month in which the notice to quit was given to the tenant.
Clause 3 clarifies that the rental increase notice applies to manufactured home spaces.Clause 4 expands regulation-making powers as follows:
(b) respecting the form and contents of the tenant's application requesting the consent of the landlord; and
(c) respecting the manner in which the landlord may respond to the tenant's application.
Clause 5 repeals Chapter 66 of the Acts of 2008 which has not been proclaimed in force and is superseded by this Bill.Clause 6 clarifies that, notwithstanding the repeal of subsection 11A(4) and Section 14, both continue to apply to a tenant who received a notice of increase of rent before the repeal. Clause 7 provides for the coming into force of the Act on proclamation.
1 Subsection 9(2) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 66 of Acts of 2008 and Chapter 72 of the Acts of 2010, is further amended by
(a) striking out "Manufactured Homes" in the second line of the heading immediately following the sixth line and substituting "Lease of a Manufactured Home Space or a Manufactured Home in a Land-lease community"
(b) adding immediately after Statutory Condition 1. the following Statutory Conditions:
1C. The landlord shall not charge a commission or fee for granting consent required by Statutory Condition 1A., other than the landlord's reasonable expenses actually incurred in respect to the grant of consent.
1D. The landlord shall in writing, within ten days of receipt of the request made pursuant to Statutory Condition 1A., consent to the request or set out the reasons why consent is being withheld, failing which the landlord is deemed to have given consent to the request.
3 Clause 11(2)(d) of Chapter 401, as enacted by Chapter 40 of the Acts of 1993 and amended by Chapter 72 of the Acts of 2010, is further amended by adding "space" immediately after "home" in the first line.
4 Subsection 26(1) of Chapter 401, as amended by Chapter 31 of the Acts of 1992, Chapter 40 of the Acts of 1993, Chapter 7 of the Acts of 1997, Chapter 10 of the Acts of 2002 and Chapter 72 of the Acts of 2010, is further amended by adding immediately after clause (ce) the following clauses:
(ceb) respecting the form and contents of the tenant's written application to the landlord on behalf of the person who wishes to acquire title to or possession of the manufactured home to become a tenant of the manufactured home space upon which the manufactured home is located and information to be provided to the landlord for the purpose of Statutory Condition 1A. in subsection 9(2);
(cec) respecting the manner in which the landlord may respond to the tenant's written application on behalf of the person who wishes to acquire title to or possession of the manufactured home to become a tenant of the manufactured home space for consent and setting out the permissible reasons for denying the requested consent for the purpose of Statutory Conditions 1B. and 1D. in subsection 9(2);
6 For greater certainty, notwithstanding the repeal of subsection 11A(4) and of Section 14, both subsection 11A(4) and Section 14 continue to apply with respect to a tenant of a manufactured home space who received a notice of increase of rent before the repeal.
7 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.