On May 18, 2018 the Commission
received a Notice of Appeal from two lessees, Kevin Jay and Samantha
Cheverie (collectively the "Appellants"), requesting an appeal of Order
LD18-156 dated May 11, 2018 issued by the Director of Residential Rental
Property (the "Director").
By way of background, on May 3,
2018, Ms. Cheverie 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 April 23, 2018 signed by the lessor, Justin Brown
The matter was heard by the Director
on May 4, 2018 and in Order LD18-156 the Director ordered:
"IT IS THEREFORE
The lessee�s application
to set aside the Notice of Termination (Form 6) is dismissed.
The rental agreement
between the lessor and the lessees for the residential premises is
terminated as of 12:00 midnight on May 23, 2018.
The lessees and all other
occupants shall vacate the premises on or before 12:00 midnight on May
If the lessees fail to
vacate the premises in accordance with paragraph 3 of this Order, then
the lessor shall be entitled to apply without further notice to the
lessees for an order directing the Sheriff to put the lessor in
possession of the premises."
The Commission heard the appeal on
May 25 2018. The Appellant Kevin
Jay ("Mr. Jay") was present at the hearing along with his witness Kyle Biso
("Mr. Biso"). Tanya Brown ("Ms. Brown") and Chris Brown ("Mr. Brown") were
present for the Respondent.
Mr. Jay testified that he wants to
move and is trying to find another place to live but he needs more time.
He further testified that the electricity has been cut off and the
internet modem removed. Mr. Biso
testified concerning his observations with respect to the dispute.
Ms. Brown and Mr. Brown testified
that they want their son to have his home back.
The Commission varies the
termination date of the rental agreement but otherwise denies the appeal.
Based on the full written record and
testimony before the Commission, the Commission agrees with the decision of
the Director to terminate the residential rental agreement.
The residential rental agreement is
terminated as of 12:00 noon on June 12, 2018.
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
The appeal is
The rental agreement
between the Respondent (lessor) and the Appellants (lessees) for the
residential premises is terminated as of 12:00 noon on June 12, 2018.
The Appellants (lessees)
and all other occupants shall vacate the premises on or before 12:00
noon on June 12, 2018.
If the Appellants
(lessees) and all other occupants fail to vacate the premises in
accordance with paragraph 3 of this Order, then the Respondent lessor
shall be entitled to apply without further notice to the Appellants
(lessees) for an order directing the Sheriff to put the Respondent
lessor in possession of the premises.
at Charlottetown, Prince Edward Island,
this 29th 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.