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IN THE MATTER
of an appeal filed under Section
25 of the
Rental of Residential Property Act
by Kyla MacIsaac and Mitchell Gaudet against Order LD17-149 dated June 5, 2017 issued by
the Office of the Director of Residential Rental Property.
BEFORE THE COMMISSION
on Monday, the
12th day of June, 2017.
John Broderick, Commissioner
Jean Tingley, Commissioner
On June 6, 2017 the Commission
received a Notice of Appeal from a lessee, Kyla MacIsaac ("Ms. MacIsaac") on
behalf of herself and another lessee, Mitchell Gaudet ("Mr. Gaudet")
(collectively the "Appellants"), requesting an appeal of Order LD17-149
dated June 5, 2017 issued by the Director of Residential Rental Property
By way of background, on May 29,
2017, a lessor, David McQuaid (the "Respondent"), filed with the Director a
Form 2 - Application for Enforcement of Statutory or Other Conditions of
Rental Agreement to which was attached a Form 4 - Notice of Termination by
Lessor of Rental Agreement dated April 13, 2017.
The matter was heard by the Director
on June 2, 2017 and in Order LD17-149 the Director ordered:
"IT IS THEREFORE ORDERED THAT
Possession of the
residential premises be surrendered to the lessor and the Sheriff is
directed to put the lessor in possession of the residential premises on
Thursday, June 8, 2017 at 2 PM."
The Commission heard the appeal on
June 12, 2017. Ms. MacIsaac
represented the Appellants. The
Respondent was also present.
testified that there were ongoing verbal agreements made in the past.
There was a "constant back and forth" and she does not want to argue
any more. She noted that she and
Mr. Gaudet owe rent for May and June 2017 and have money available to pay
for May's rent for some time.
testified that the April 2017 rent was paid late and he never received
payment for May 2017. He noted
that Mr. Gaudet had offered to pay $500.00 for rent for the first half of
June 2017's rent, but Mr. Gaudet did not follow through with payment.
The appeal is denied for the reasons
The Respondent issued a Form 4
Notice of Termination by Lessor of Rental Agreement on May 7, 2017, which
required the Appellants to vacate the residential premises no later than May
27, 2017. The Appellants had the
opportunity to invalidate the Form 4 by paying the outstanding rent of
$970.00 in full within ten days of the issuance of the Form 4.
The Appellants did not pay the outstanding rent within 10 days and
they did not apply to the Director to set aside the Form 4.
By failing to take such action, the Appellants are deemed to have
accepted the termination of the rental agreement on the effective date set
out on the Form 4, that is to say May 27, 2017.
Accordingly, the Commission denies
this appeal and confirms Director's Order LD17-149.
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
1. The appeal is denied.
Director's Order LD17-149
is hereby confirmed in its entirety.
at Charlottetown, Prince Edward Island,
this 12th day of
John Broderick 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.