On January 2, 2018 the Commission
received a Notice of Appeal from a lessor, Rita Jackson (the "Appellant"),
requesting an appeal of Order LD17-292 dated December 8, 2017 issued by the
Director of Residential Rental Property (the "Director").
At the time of filing the appeal, the Appellant paid to the Acting
Director of Residential Rental Property the sum of $687.40 representing the
security deposit plus accrued interest.
By way of background, on October 20,
2016 a lessee, Donald Wood (the "Respondent") filed a Form 2 - Application
for Enforcement of Statutory or Other Conditions of Rental Agreement seeking
remedy by way of a finding that the security deposit, or part thereof,
should be forfeited or returned and an order that an amount found to be owed
On October 21, 2016, the Director of
Residential Rental Property wrote to the Appellant to inform her of the
requirements under Sections 10(4) and 10(5) of the
Rental of Residential Property Act
and requesting a copy of the Form 8 - Notice of Intention to Retain Security
Deposit be provided to her.
On October 20, 2017 the Acting
Director of Residential Rental Property wrote to the Appellant to again
request a copy of the Form 8 - Notice of Intention to Retain Security
The matter was heard by the Director
on December 5, 2017 and in Order LD17-292 the Director ordered:
"IT IS THEREFORE
The lessor shall pay the
sum of $687.40 to the Acting Director of Residential Rental Property in
trust for the lessee forthwith.
Payment to the lessee
shall be made after the appropriate appeal period has expired."
The Commission heard the appeal on
January 25, 2018. The Appellant
was present. James Rodd ("Mr.
Rodd") was present and testified on the Appellant's behalf.
The Respondent was also present.
The Appellant filed Exhibit E-18.
The Appellant testified that when the tenancy started, the oil tank
and propane tank were both full.
She also testified that the Respondent gave her the propane delivery slip
and she paid for the propane. She
testified that the house was clean before the tenancy started.
Mr. Rodd testified that the house
was clean before the Respondent took possession of the house.
The Respondent testified that he had
paid to fill the oil tank. He
acknowledged that he does owe money for propane but he does not know when
the tank was filled or how much the propane cost.
The Appellant never filed a Form 8
Notice of Intention to Retain Security Deposit.
The onus is on a lessor to prove her claim and the Commission finds
that the evidence before the Commission does not prove the Appellant's
The Commission dismisses the appeal
and confirms Director's Order LD17-292.
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
The appeal is
Director's Order LD17-292 is hereby
at Charlottetown, Prince Edward Island,
this 26th day of
John Broderick, Commissioner
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.