Thursday, September 09, 2010
This is an office consolidation and not an
official version of this Act or Regulation. While care has been taken in assembling this
document, it is not warranted to be true and accurate. Official copies of all Provincial
Acts and Regulations are available from
Island
Information Service. All Prince Edward Island
Statutes and Regulations are available on-line (in PDF format) at the
Office of the Legislative Counsel.
- Updated to: November 13, 2002 -
CHAPTER R-13.1
RENTAL OF RESIDENTIAL PROPERTY
ACT
REGULATIONS
EXEMPTED PREMISES Exempted
premises
1. The following premises are exempt from the provisions of the Act: (i) premises which are co-operative housing.
EC10/89; EC427/98.
NON-DELEGATED FUNCTIONS
Director, functions not to be delegated
2. Revoked by
EC706/90. RENTAL AGREEMENTS - FORMS
Form of rental agreement 3. The standard
form of rental agreement referred to in subsection 9(1) of the Act shall be in Form 1.
EC10/89.
Application seeking a
remedy
4. An
application by the lessor or lessee seeking a remedy for a failure to comply with the
statutory conditions or other condition or covenant of a rental agreement, pursuant to
section 8 of the Act, shall be in Form 2.
EC10/89.
Notice of termination, lessee 5. A notice of
termination of a rental agreement by the lessee shall be in Form 3.
EC10/89.
Idem, lessor 6. A notice of
termination of a rental agreement by the lessor shall be in Form 4.
EC10/89.
Application, early termination 7. An application by
the lessor for earlier termination, pursuant to subsection 14(3) of the Act, shall be in
Form 5. EC10/89.
Idem, setting aside notice of
termination 8. An
application by the lessee pursuant to section 16 of the Act to set aside a notice of
termination shall be in Form 6.
EC10/89.
Inspection orders 9. An inspection
order issued by the Director pursuant to clause 4(2)(e) of the Act shall be in Form 7.
EC10/89.
SECURITY DEPOSITS
Notice of intention to retain deposit 10. A notice of
intention to retain all or a portion of a security deposit, pursuant to subsection 10(5)
of the Act, shall be in Form 8.
EC10/89.
Application for determination
re
deposit 11. An
application by the lessee for a determination of the disposition of the security deposit,
pursuant to subsection 10(7) of the Act, shall be in Form 9.
EC10/89.
Report
re deposits provided by
lessor 12. At the
request of the Director, the lessor shall file with the Director a security deposit
report, which shall (b) identify the premises, the names of the lessees, the amounts
of the deposits held, and the name of the financial institution where the trust account
for the security deposits is maintained.
EC10/89.
RENT INCREASES
Notice of rent increase 13. (1) Subject
to subsection (2) a notice of increase of rent of residential premises, pursuant to
section 22 of the Act, shall be in Form 10.
Notice of rent increase, exempt premises (2) A notice
of increase of rent of residential premises which are exempt from sections 21 and 23 of
the Act, pursuant to clauses 20(a) and (b) of the Act, shall be in Form 11.
EC10/89.
Increase above allowed percentage 14. An
application by the lessor to the Director for approval of a rent increase exceeding the
allowable percentage, pursuant to subsection 23(3) of the Act, shall be in Form 12.
EC10/89.
Review 15. An
application by the lessee to have the Director review a rent increase, pursuant to
subsection 23(4) of the Act, shall be in Form 13.
EC10/89.
Notice of hearing 16. (1) A notice
of hearing to be held by the Director, pursuant to subsection 23(6) of the Act, shall be
in Form 14.
Absence of party
Statement of income and expense 17. At least
five days prior to a hearing pursuant to subsection 23(8) of the Act, the lessor shall
serve on the Director and the lessees who are parties a statement of income and expenses
in Form 15. EC10/89.
Definitions 18. For the
purposes of subsection 23(8) of the Act, the following definitions shall apply:
capital expenditures (a) "capital
expenditures" includes replacement of plumbing, electrical or heating systems or
appliances, and major structural repairs; (e)
"management fee" means the actual cost thereof or 5 per cent of the gross
rental income for the previous year, whichever is the lesser;
Capital expenditures 19. (1)
In considering capital expenditures pursuant to subsection 23(8) of the
Act, the Director shall have regard to the cost of the item and the financing of it over a
reasonable period of time in relation to the life expectancy of the item.
Life expectancy (2)
The life expectancy chart set out in Form 16 is to be applied unless
the lessor substantiates a shorter life expectancy for a particular item.
EC10/89.
Additional factors 20. The following additional matter is to be considered under subsection
23(8) of the Act: The date and amount of the last rental increase.
EC10/89.
Rounding off 21. Where the allowed percentage of increase in rent results in an amount
which is some part of a dollar, the amount of increase may be rounded off to the nearest
dollar. EC10/89.
Allowed increase 22. For the purpose of subsection 23(l) of the Act the prescribed
percentage amount of rent increase (b) for 1992, is 3 per cent.
EC10/89; 539/89; 637/90;
531/91.
APPEALS TO RESIDENTIAL
RENTAL PROPERTY BOARDS
Sections 23
to 25 - Revoked by
EC639/93.
Forms
Form 17 -
Revoked by EC639/93. _______
Pursuant to
sections 9 and 35 of the
Rental of Residential Property Act
R.S.P.E.I. 1988, Cap.
R-13.1 Council made the following regulations:
(a) premises
provided by an educational institution to its students;
(b) premises licensed under the Community Care Facilities and Nursing
Homes Act R.S.P.E.I. 1988, Cap. C-13;
(c) premises licensed under the Tourism Industry Act R.S.P.E.I.
1988, Cap. T-3.3, except when such premises are provided as accommodation for a guest for
a continuous period of one month or more;
EC98-427 {eff. Jul. 4/98}
(d) premises which provide therapeutic or rehabilitative services or
temporary shelter such as transition houses and hostels and other such premises which have
supervisory services as that term is defined in the Community Care Facilities and
Nursing Homes Act;
(e) premises provided as group homes under the Welfare Assistance Act
R.S.P.E.I. 1988, Cap. W-3;
(f) premises provided to children under the Family and Child Services
Act R.S.P.E.I. 1988, Cap. F-2;
(g) revoked by EC427/98;
(h) premises ordinarily occupied by the owner thereof, and vacated by
the owner for a period not exceeding seven months during a calendar year; and
(a) pertain to all security
deposits held by the lessor; and
(2) If a
notice of hearing has been given in accordance with the Act, the hearing may proceed
notwithstanding that one or both parties are not present.
EC10/89.
financial loss
(b) "financial loss"
means the difference between the total income from the building less operating costs;
income
(c) "income" means the
rental fee assigned to each unit and revenue from facilities such as coin operated laundry
machines and parking;
maintenance
(d) "maintenance"
includes repairs to plumbing, electrical or heating systems, or to appliances, or minor
structural repairs, but does not include capital expenditures or replacement of capital
assets;
management fee
operating costs
(f) "operating costs"
excludes depreciation costs, but includes the basic expenses necessary for the
operation of the building such as fuel, water, electricity, insurance, taxes, maintenance,
management fees, staff wages or value of rental unit made available in lieu thereof, and
financing costs of principal and interest on mortgages registered against the property.
EC10/89.
(a) for 1991, is
4.5 per cent;
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