On March 21, 2018 the Commission received a Notice of
Appeal from a lessor, Heather Taweel (the "Appellant"), requesting an appeal
of Order LD18-096 dated March 21, 2018 issued by the Director of Residential
Rental Property (the "Director").
By way of background, on March 2, 2018, a lessee,
Albert (Abbey) Bradshaw (the "Respondent") filed with the Director a Form 6
- Application by Lessee to Set Aside Notice of Termination.
Attached to the Form 6 was a Form 4 - Notice of Termination by Lessor
of Rental Agreement dated March 1, 2018 signed by the Appellant.
The matter was heard by the Director on March 16, 2018
and in Order LD18-096 the Director ordered:
"IT IS THEREFORE ORDERED THAT
The lessee's application to set aside the Notice of
Termination by Lessor of Rental Agreement (Form 4) dated March 1, 2018 for
effect March 30, 2018 is allowed and the rental agreement shall continue to
be in effect."
The Commission heard the appeal on April 10, 2018.
Both the Appellant and Respondent were present at the hearing.
The Appellant testified that she had provided the
Respondent with twenty-four hours notice and inspected the residential
premises. She testified that the
Respondent has moved most of his possessions out of the unit and all food
has been removed from the refrigerator.
She stated that the Respondent wants his security deposit returned
before he will surrender possession of the residential premises.
She testified that he had previously called her to inform her he had
The Appellant further testified that the Respondent has
been buying and selling numerous items online out of the residential
premises and this causes disruption to quiet enjoyment of the tenants in the
other five units when his customers arrive at the residential premises to
drop off or pick up their items.
The Respondent testified that he was never mean to the
Appellant but she has been mean to him.
He testified that he has moved most of his possessions out and is in
the midst of taking possession of another apartment.
He stated that he is not giving up possession of the residential
premises until he receives his security deposit from the Appellant.
The Commission allows the appeal for the reasons that
Based on the evidence before the Director, the
admissible evidence presented at the hearing before the Commission and the
testimony of the parties presented at the hearing before the Commission, the
Commission finds that the traffic resulting from customers of the
Respondent's online buying and selling activities interfered with the quiet
enjoyment of the other tenants as set out in Statutory Condition 3 of the
Rental of Residential Property Act.
Accordingly, the appeal is allowed, Director's Order
LD18-096 is hereby overturned and the residential rental agreement is
terminated as of Thursday April 12, 2018 at 12:00 noon.
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
The appeal is allowed.
Director's Order LD18-096 is hereby overturned.
The Notice of Termination (Form 4) dated March
1, 2018 to be effective March 30, 2018 has been determined by the Commission to be valid.
The residential rental
agreement between Heather Taweel and Albert (Abbey) Bradshaw for the
residential premises located at 36 B Upper Hillsborough Street,
Charlottetown, Prince Edward Island is hereby terminated effective
Thursday, April 12, 2018 at 12:00 noon.
If the Respondent Albert (Abbey) Bradshaw
fails to vacate the premises by Thursday April 12, 2018 at 12:00 noon,
the Appellant Heather Taweel shall be entitled to apply to the Director,
without further notice to the Respondent Albert (Abbey) Bradshaw,for an order directing the Sheriff to put the
Appellant Heather Taweel in possession of the residential premise located at 36 B Upper Hillsborough Street,
Charlottetown, Prince Edward Island.
at Charlottetown, Prince Edward Island,
this 11th day of
BY THE COMMISSION:
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.