On November 29, 2017 the Commission
received a Notice of Appeal from two lessees, Kevin Jay and Samantha
Cheverie (the "Appellants") requesting an appeal of Order LD17-279 dated
November 16, 2017 issued by the Director of Residential Rental Property (the
By way of background, on November 3,
2017, a lessor, Kim Burt, on behalf of herself and Bryan Burt (collectively
the "Respondents"), filed with the Director an Application by Lessor for an
Order seeking termination of a rental agreement because the lessees are
persistently and/or habitually late in the payment of rent.
The matter was heard by the Director on
November 14, 2017 and in Order LD17-279 the Director ordered:
"IT IS THEREFORE ORDERED
The rental agreement between
the lessors and the lessees for the residential premises is terminated
as of 12:00 midnight on November 30, 2017.
The lessees shall vacate the
residential premises on or before 12:00 midnight on November 30, 2017.
If the lessees fail to
vacate the premises in accordance with paragraph 2 of this Order, then
the lessors shall be entitled to apply without further notice to the
lessees for an order directing the Sheriff to put the lessors in
possession of the residential premises."
The Commission heard the appeal on
December 8, 2017. The Appellants
were not present. The
Respondents were present.
As the Appellants were not present
at the hearing, the Commission Administrator noted on the hearing record the
efforts of Commission staff to contact the Appellants in order to inform
them of the date, time and location of the hearing, as well as provide them
with all associated documentation.
The Commission is satisfied that all
reasonable efforts to contact the Appellants have been made.
Accordingly, the Commission finds that the Appellants have abandoned
their appeal and thus Director's Order LD17-279 remains in full force and
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
The appeal has been abandoned by the
Director's Order LD17-279 remains in full
force and effect.
at Charlottetown, Prince Edward Island,
this 8th day of
M. Douglas Clow, Vice-Chair
Jean Tingley, Commissioner
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.