On May 16, 2018 the Commission
received a Notice of Appeal from a lessee, Stacey MacDonald (the
"Appellant"), requesting an appeal of Order LD18-160 dated May 14, 2018
issued by the Director of Residential Rental Property (the "Director").
By way of background, on April 30,
2018 the lessor, Red Island Estates Inc. (the "Respondent") filed with the
Director a Form 2 - Application for Enforcement of Statutory or Other
Conditions of Rental Agreement seeking an order that possession of the
residential premises be surrendered to the lessor and directing the Sheriff
to put the lessor in possession.
Attached to the Form 2 was a Form 4 - Notice of Termination by Lessor of
Rental Agreement dated April 5, 2018.
The matter was heard by the Director
on May 11, 2018 and in Order LD18-160 the Director ordered:
"IT IS THEREFORE
1. 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 at
12:00 p.m. on Tuesday, May 22, 2018."
The Commission heard the appeal on
May 29, 2018. The Appellant was
present. The Respondent was
represented by Stan Davis ("Mr. Davis").
The Appellant testified that she did
pay the April 2018 rent on April 17, 2018, two days after the expiry period
set out in the Form 4. She also
testified that she offered to pay rent for May but Mr. Davis refused to
accept payment. The Appellant
requested at the hearing that she be allowed to stay in the rental premises
until June 15, 2018.
Mr. Davis testified that he did
accept payment of April's rent on April 19, 2018 but advised the Appellant
that the Respondent would proceed with the eviction.
Mr. Davis testified that he was offered May's rent but did not accept
it based on advice that acceptance might start a new rental term.
Mr. Davis testified that upon the Appellant moving out of the
residential premises major renovations would commence and thus the premises
would not be re-rented for some time.
The Commission denies the appeal as
the Appellant had not filed a notice to set aside (Form 6) and had not paid
rent within the ten day period set out in the Form 4.
However, given that the Appellant did pay the April rent, offered to
pay the May rent and given the difficulties to find a new rental unit, the
Commission varies the date of possession to June 15, 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
Possession of the
residential premises be surrendered to the Respondent (lessor) and the
Sheriff is directed to put the Respondent (lessor) in possession of the
residential premises at 12:00 noon on Friday, June 15, 2018.
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.