- Updated to: November 13, 2002 -

CHAPTER R-13.1

RENTAL OF RESIDENTIAL PROPERTY ACT

REGULATIONS

Pursuant to sections 9 and 35 of the Rental of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1 Council made the following regulations:
 

EXEMPTED PREMISES

Exempted premises

1.  The following premises are exempt from the provisions of the Act:

    (a) premises provided by an educational institution to its students;
    (b) premises licensed under the Community Care Facilities and Nursing Homes Act R.S.P.E.I. 1988, Cap. C-13;
    (c) premises licensed under the Tourism Industry Act R.S.P.E.I. 1988, Cap. T-3.3, except when such premises are provided as accommodation for a guest for a continuous period of one month or more; EC98-427 {eff. Jul. 4/98}
    (d) premises which provide therapeutic or rehabilitative services or temporary shelter such as transition houses and hostels and other such premises which have supervisory services as that term is defined in the Community Care Facilities and Nursing Homes Act;
    (e) premises provided as group homes under the Welfare Assistance Act R.S.P.E.I. 1988, Cap. W-3;
    (f) premises provided to children under the Family and Child Services Act R.S.P.E.I. 1988, Cap. F-2;
    (g) revoked by EC427/98;
    (h) premises ordinarily occupied by the owner thereof, and vacated by the owner for a period not exceeding seven months during a calendar year; and
   

(i) premises which are co-operative housing. EC10/89; EC427/98.

 

NON-DELEGATED FUNCTIONS

Director, functions not to be delegated

2.  Revoked by EC706/90.

 

RENTAL AGREEMENTS - FORMS

Form of rental agreement

3.  The standard form of rental agreement referred to in subsection 9(1) of the Act shall be in Form 1. EC10/89.

Application seeking a remedy

4.  An application by the lessor or lessee seeking a remedy for a failure to comply with the statutory conditions or other condition or covenant of a rental agreement, pursuant to section 8 of the Act, shall be in Form 2. EC10/89.

Notice of termination, lessee

5.  A notice of termination of a rental agreement by the lessee shall be in Form 3. EC10/89.

Idem, lessor

6.  A notice of termination of a rental agreement by the lessor shall be in Form 4. EC10/89.

Application, early termination

7.   An application by the lessor for earlier termination, pursuant to subsection 14(3) of the Act, shall be in Form 5. EC10/89.

Idem, setting aside notice of termination

8.  An application by the lessee pursuant to section 16 of the Act to set aside a notice of termination shall be in Form 6. EC10/89.

Inspection orders

9.  An inspection order issued by the Director pursuant to clause 4(2)(e) of the Act shall be in Form 7. EC10/89.

 

SECURITY DEPOSITS

Notice of intention to retain deposit

10.  A notice of intention to retain all or a portion of a security deposit, pursuant to subsection 10(5) of the Act, shall be in Form 8. EC10/89.

Application for determination re deposit

11.  An application by the lessee for a determination of the disposition of the security deposit, pursuant to subsection 10(7) of the Act, shall be in Form 9. EC10/89.

Report re deposits provided by lessor

12.  At the request of the Director, the lessor shall file with the Director a security deposit report, which shall

    (a) pertain to all security deposits held by the lessor; and
   

(b) identify the premises, the names of the lessees, the amounts of the deposits held, and the name of the financial institution where the trust account for the security deposits is maintained. EC10/89.

 

RENT INCREASES

Notice of rent increase

13. (1)  Subject to subsection (2) a notice of increase of rent of residential premises, pursuant to section 22 of the Act, shall be in Form 10.

Notice of rent increase, exempt premises

    (2)  A notice of increase of rent of residential premises which are exempt from sections 21 and 23 of the Act, pursuant to clauses 20(a) and (b) of the Act, shall be in Form 11. EC10/89.

Increase above allowed percentage

14.  An application by the lessor to the Director for approval of a rent increase exceeding the allowable percentage, pursuant to subsection 23(3) of the Act, shall be in Form 12. EC10/89.

Review

15.  An application by the lessee to have the Director review a rent increase, pursuant to subsection 23(4) of the Act, shall be in Form 13. EC10/89.

Notice of hearing

16. (1)  A notice of hearing to be held by the Director, pursuant to subsection 23(6) of the Act, shall be in Form 14.

Absence of party

 (2)  If a notice of hearing has been given in accordance with the Act, the hearing may proceed notwithstanding that one or both parties are not present. EC10/89.

Statement of income and expense

17.  At least five days prior to a hearing pursuant to subsection 23(8) of the Act, the lessor shall serve on the Director and the lessees who are parties a statement of income and expenses in Form 15. EC10/89.

Definitions

18.  For the purposes of subsection 23(8) of the Act, the following definitions shall apply:

capital expenditures

 

(a) "capital expenditures" includes replacement of plumbing, electrical or heating systems or appliances, and major structural repairs;

financial loss   (b) "financial loss" means the difference between the total income from the building less operating costs;
income   (c) "income" means the rental fee assigned to each unit and revenue from facilities such as coin operated laundry machines and parking;
maintenance   (d) "maintenance" includes repairs to plumbing, electrical or heating systems, or to appliances, or minor structural repairs, but does not include capital expenditures or replacement of capital assets;
management fee  

(e) "management fee" means the actual cost thereof or 5 per cent of the gross rental income for the previous year, whichever is the lesser;

operating costs   (f) "operating costs" excludes depreciation costs, but includes the basic expenses necessary for the operation of the building such as fuel, water, electricity, insurance, taxes, maintenance, management fees, staff wages or value of rental unit made available in lieu thereof, and financing costs of principal and interest on mortgages registered against the property. EC10/89.

Capital expenditures

19. (1)   In considering capital expenditures pursuant to subsection 23(8) of the Act, the Director shall have regard to the cost of the item and the financing of it over a reasonable period of time in relation to the life expectancy of the item.

Life expectancy

(2)   The life expectancy chart set out in Form 16 is to be applied unless the lessor substantiates a shorter life expectancy for a particular item. EC10/89.

Additional factors

20.  The following additional matter is to be considered under subsection 23(8) of the Act:

 

The date and amount of the last rental increase. EC10/89.

Rounding off

21.   Where the allowed percentage of increase in rent results in an amount which is some part of a dollar, the amount of increase may be rounded off to the nearest dollar. EC10/89.

Allowed increase

22.   For the purpose of subsection 23(l) of the Act the prescribed percentage amount of rent increase

    (a) for 1991, is 4.5 per cent;
   

(b) for 1992, is 3 per cent. EC10/89; 539/89; 637/90; 531/91.

 

APPEALS TO RESIDENTIAL RENTAL PROPERTY BOARDS

 

Sections 23 to 25 - Revoked by EC639/93.


 

Forms

 

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  • Form 17 - Revoked by EC639/93.

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