On September 24, 2019 the Commission
received a Notice of Appeal from a lessee, Marcie Van Colen (the
"Appellant"), requesting an appeal of Order LD19-433 dated September 19,
2019 issued by the Director of Residential Rental Property (the "Director").
By way of background, on September
5, 2019 the Appellant 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 May 31, 2019, signed by Rocky Arsenault ("Mr.
Arsenault" on behalf of a lessor, Remax Harbourside Realty Ltd. (the
The matter was heard by the Director
on September 18, 2019 and in Order LD19-433 the Director ordered:
"IT IS THEREFORE
The lessee's Application by Lessee to Set Aside Notice of
Termination (Form 6) dated September 5, 2019 is dismissed.
The lessor's Notice of Termination by Lessor of Rental
Agreement (Form 4) dated September 5, 2019 for effect November 5, 2019 is
The rental agreement between the parties shall terminate as
of November 5, 2019 at 11:59 p.m. and the lessee shall vacate the premises
by that date and time.
If the lessee fails to vacate the premises in accordance
with Paragraph 3 of this Order, then the Sheriff is directed to put the
lessor in possession of the premises by 12:00 noon on November 6,
All other terms and conditions of the rental agreement,
including the payment of rent, shall remain in effect.
The Office of the Director of Residential Rental Property
reserved the right to inspect the premises, with notice to the lessor, to
ensure that the lessor in fact completes the renovations listed in Appendix
"A" of the Notice of Termination (Form 4) dated September 5, 2019 for effect
November 5, 2019."
The Commission heard the appeal on
October 11, 2019. The Appellant
was present. The
Respondent was represented by Mr. Arsenault.
The Appellant acknowledged that the
Respondent needs to do work on the basement.
The Appellant told the Commission that she has found another
residential unit but is unable to move into that unit immediately and thus
needs to stay in the residential premises for up to one additional month
after the termination date set out in Director's Order LD19-433.
The Appellant stated that her rent
payment was up to date.
Mr. Arsenault told the Commission
that the Respondent can stay an additional month, provided that she pays her
rent for that additional time period and that there is a written record of
Mr. Arsenault stated that the most
recent rent payment was late but acknowledged that the rent was now up to
The appeal is denied and Director's
Order LD19-433 is confirmed subject to a variance, by consent of both
parties, providing an extension of up to one month to the termination date
of the rental agreement. This
extension is conditional on the rent being fully paid and current.
At the hearing, the parties provided
sworn testimony and agreed to extend the termination date of the rental
agreement by up to one month.
Both parties stated that there were no arrears of rent as of the Commission
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act
IT IS ORDERED THAT
1. The appeal
Director's Order LD19-433 is confirmed, subject to a variance by consent
of both parties. This
variance is an extension to the termination date and date of possession
set out in Director's Order LD19-433 of up to one month.
This extension is conditional on the rent being current.
For greater certainty, "the rent being current" means
that the Appellant (lessee) shall be required to continue to pay rent
for the remaining period she is in possession of the residential
4. In the event the rent
is not current, the Respondent (lessor) shall be entitled to possession
on the terms set out in Director's Order LD19-433.
at Charlottetown, Prince Edward Island,
this 16th 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.