Docket A-004-03 
Order LR03-05

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Keri Lannigan against Order LD03-104 of the Director of Residential Rental Property dated April 30, 2003.

BEFORE THE COMMISSION

on Monday, the 16th day of June, 2003.

Weston Rose, Panel Chair
Maurice Rodgerson, Vice-Chair
Arthur Hudson, Commissioner

Order

Participants

1.   Appellant: Keri Lannigan (Lessee)
      Witness: Sharon Lannigan
      Witness: Trevor Warren

2.   Respondent: Tracy Fall (Lessor)
      Witness: Ken MacDonald

Reasons for Order

1.  Introduction

The Lessee appealed Order No. LD03-104 (Exhibit E-12) regarding premises at 35 Seaview Blvd, Charlottetown, PEI.  The appeal was received at the Island Regulatory and Appeals Commission (the Commission) on May 23, 2003 and was heard on June 4, 2003.

2.  Background

On December 8, 2002 the Lessee signed a Standard Form of Rental Agreement (Exhibit E-3) agreeing to rent the property at 35 Seaview Blvd. Charlottetown, PEI. The term of the lease was for the period January 1, 2003 to December 31, 2003.  On the same date Keri Lannigan (the Lessee) paid to Tracy Fall and Ken MacDonald (the Lessors) the sum of $1,000 as security deposit for the residential premises.  

On or about December 15, 2002 the Lessee contacted the Lessors to advise them that she wanted to cancel the rental agreement.  The reasons she gave were that she was a single mother with two young children; she was on maternity leave until September 3, 2003; her youngest child was only three months old; and, at the time she signed the lease, she was suffering from post partum depression.  She also said that after thinking about it for a few days she realized she would not be able to afford to enter into this rental agreement.  On December 28, 2002 the Lessee presented a letter to Tracy Fall containing  the above statements. At the rental appeal hearing Ms. Lannigan filed two letters (Exhibits E-10 and E-11) from her doctors regarding her medical condition. 

On December 28, 2002 Ms. Fall signed the letter agreeing the lease was terminated, but had not decided if any of the deposit would be returned.  

The Lessor said she placed advertisements in the Guardian and in the Buy Sell and Trade plus put a sign on the lawn saying the house was available for lease; however, they were not successful in renting it until February 15, 2003.  For this reason, the Lessors feel they are entitled to the $1,000 security deposit to cover the rent payment for January 2003.  

Other evidence, about the condition of the house given by both parties and their witnesses at the hearing, was determined by the Commission to be not relevant to this case.

3.  Decision

After considering all the evidence presented by way of documentation and testimony and upon reviewing the Act, the Commission denies the appeal.  

Sections 11.(1) and 11.(2)(a)(b) of the Rental of Residential Property Act states: 

11.(1)  A lessee may terminate a rental agreement, by serving on the lessor a notice of termination which complies with section 18. 

11.(2) Where premises are let under a fixed term rental agreement,

(a) a notice of termination shall be served by the lessee not less than sixty days before the expiry of the term; and
(b) service pursuant to clause (a), terminates the rental agreement as of the last day of the term. 

The Commission realizes the Lessee has spent $1,000 and not gained anything for it, but the fact remains that she did sign a rental agreement saying she would rent the property for a period of one year.  The Commission also believes that the Lessee's decision-making could have been affected by post partum depression, however there is nothing in the Act which deals with this situation. The Commission believes the Lessor did try to rent the property starting January 1, 2003, by placing ads in the Guardian and the Buy Sell and Trade, Exhibits E-8 and E-9. 

The Commission confirms the decision of the Director of Residential Property in Order LD03-104.

Order

WHEREAS Keri Lannigan filed an appealed dated May 23, 2003 against a decision of the Director of Residential Rental Property;

AND WHEREAS the Commission heard the appeal in Charlottetown on Wednesday, June 4, 2003;

NOW THEREFORE, for the reasons given in the annexed Reasons for Order;

IT IS ORDERED THAT

  1. The appeal is denied;
  2. Payment is the amount of $1,000 shall be paid to the Lessors after fifteen days have passed from the date of this Order.

DATED at Charlottetown, Prince Edward Island, this 16th day of June, 2003.

BY THE COMMISSION:

Weston Rose, Panel Chair

Maurice Rodgerson, Vice-Chair

Arthur Hudson, Commissioner

NOTICE

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.