On September 28, 2018 the Commission
received a Notice of Appeal from a lessor, Tim James Holdings Ltd. (the
"Appellant"), requesting an appeal of Order LD18-293 dated September 12,
2018 issued by the Director of Residential Rental Property (the "Director").
By way of background, on August 21,
2018, two lessees, Mark Driscoll and Alanna Manning (the "Respondents")
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 August 16, 2018 to be
effective October 30, 2018 signed by the Appellant.
The matter was heard by the Director
on September 11, 2018 and in Order LD18-309 the Director ordered:
"IT IS THEREFORE
The lessees' application to Set Aside the Notice of
Termination by Lessor of Rental Agreement (Form 6) dated August 21, 2018 is
allowed, and the rental agreement shall continue to be in full force and
The Commission heard the appeal on
October 25, 2018. The Appellant
was represented by Tim James ("Mr. James") who appeared by way of telephone
conference call. The Respondents
did not appear at the hearing.
Mr. James testified as to the nature
of the renovations required to the residential unit.
He testified there are moisture problems in the building's basement
and concerns about the development of mold.
The remedy is to install polyethylene barrier over the clay basement
floor and then pour a concrete floor in the basement.
The distance between the Appellant's building and the adjacent
building is insufficient for a concrete truck to go in the lane.
Accordingly, holes will need to be cut through the floor of the
residential unit and concrete pumped through the holes.
Given the disruption to the residential unit, Mr. James also plans
substantial renovations. Mr.
James requests that the rental agreement be terminated to allow the work to
The appeal is allowed for the reasons that follow.
The Commission notes that a Notice
of Appeal hearing was mailed to the Respondents at their last known mailing
address on October 5, 2018. When
the Respondents failed to appear at the scheduled time, Commission staff
attempted to call the Respondents to remind them of the hearing.
The Commission waited an additional 20 minutes before commencing the
hearing. Accordingly, the
Commission is satisfied that the Respondents received notification of the
date and time of the appeal hearing.
Having heard the unrefuted testimony
of Mr. James and having reviewed the additional documentation provided with
the Appellant's appeal, the Commission is satisfied that the work to address
the moisture issue is required and this work, along with other renovations,
can commence. The Commission is
also satisfied that the Appellant and Mr. James are acting in good faith.
Accordingly, the appeal is allowed,
and the rental agreement between the Appellant and the Respondents is hereby
terminated as of 11:59 p.m. Wednesday October 31, 2018.
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act
IT IS ORDERED THAT
The appeal is allowed.
rental agreement between the Appellant lessor and the Respondent lessees
is terminated effective 11:59 p.m. Wednesday October 31, 2018.