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IN THE MATTER
of an appeal under Section
25 of the
Rental of Residential Property Act filed by
Glen and Marla Swan against Order LD16-237 dated July 29, 2016 issued by
the Director of Residential Rental Property.
BEFORE THE COMMISSION
on Wednesday, the
14th day of December, 2016.
John Broderick, Commissioner
Ferne MacPhail, Commissioner
Jean Tingley, Commissioner
On August 18, 2016 the Commission
received a Notice of Appeal from two lessees, Glen and Marla Swan (the
"Appellants"), requesting an appeal of Order LD16-237 dated July 29, 2016
issued by the Director of Residential Rental Property (the "Director").
By way of background, on August 17,
2015 two lessors, Don and Marsha Proude (the "Respondents") filed a Form 2 -
Application for Enforcement of Statutory or Other Conditions of Rental
Agreement seeking a finding that rent is owed and an order that an amount
found to be owed be paid.
The matter was heard by the Director
on June 13, 2016 and in Order LD16-237 the Director ordered:
"IT IS THEREFORE
1. The lessees
shall pay to the lessors $1,616.10 on or before August 29, 2016."
The Commission heard the appeal on
December 12, 2016. Glen Swan
("Mr. Swan") was present for the Appellants.
The Respondents were also present.
Mr. Swan acknowledged that the
Appellants owed money for rent but he was unable to tell the Commission how
much rent was owed. He submitted
that the Respondents did not know how much rent was owing either.
He noted the Appellants received receipts sometimes, but not all the
time. He noted the Respondents
had no receipts pertaining to rent.
He noted that an oil tank can only be filled to 90% capacity.
He stated that the Appellant did make a payment of $450.00 which the
Respondents have denied; however, there is no receipt.
The Respondents acknowledged that
receipts were only issued sometimes.
The Respondents acknowledge that the Appellants were paid up on their
rent as of May 2015. They noted
that the Appellants did pay a security deposit.
The Respondent's agree with the calculation of rent and furnace oil
as calculated by the Director.
The Commission denies the appeal for
the reasons that follow.
The Commission agrees with the
findings of the Director that the Appellants owe $688.90 for furnace oil,
$740.00 for unpaid rent for the month of June 2015 plus $650.96 pro-rated
unpaid rent for the 22 days of occupancy in July 2015 for a total of
$2079.86. However, the quantum
payable ordered by the Commission is varied from that awarded by the
Director as the Commission finds in a separate Order that none of the
security deposit plus interest, in the amount of $463.76
is to be allocated towards rent owing.
The matter of the security deposit will be considered by the
Commission in a separate Order to be issued on the same day.
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
The appeal is denied.
The Commission varies the rent owing to a
total of $2079.86.
The matter of the security deposit will be
considered in a separate Order issued the same day as this present
at Charlottetown, Prince Edward Island,
this 14th day of December, 2016.
John Broderick Commissioner
Ferne MacPhail, Commissioner
Jean Tingley, Commisisoner
Sections 26.(2), 26.(3), 26.(4) and
26.(5) of the
Rental of Residential Property Act
provide as follows:
26.(2) A lessor or lessee may, within fifteen
days of the decision of the Commission, appeal to the court on a
question of law only.
(3) The rules of court governing appeals apply
to an appeal under subsection (2).
(4) Where the Commission has confirmed,
reversed or varied an order of the Director and no appeal has been taken
within the time specified in subsection (2), the lessor or lessee may
file the order in the court.
(5) Where an order is filed pursuant to
subsection (4), it may be enforced as if it were an order of the court.
NOTICE: IRAC File Retention
In accordance with the
Commission's Records Retention and Disposition Schedule, the material
contained in the official file regarding this matter will be retained by the
Commission for a period of 2 years.