Docket A-014-03
Order LR03-15

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by David Sanderson against Order No. LD03-213 of the Director of Residential Rental Property dated September 9, 2003.

BEFORE THE COMMISSION

on Friday, the 24th day of October, 2003.

Maurice Rodgerson, Vice-Chair
Weston Rose, Commissioner
Norman Gallant, Commissioner

Order

WHEREAS the Commission, by Order No. LR03-13, dated October 3, 2003, found and determined that a rental agreement exists between the Lessor and Lessee in this matter and ordered the Director of Residential Rental Property to proceed to make a determination on the July 14, 2003 application filed by the Lessor;

AND WHEREAS it appears to the Commission that, in an attempt to expedite the overall disposition of this matter, the Commission itself should proceed to make a determination on the issues arising out of the July 14, 2003 application;

AND WHEREAS the Commission has reviewed the evidence and information filed with the Director and the Commission;

AND WHEREAS Section 11(1), 11(2) and 11(2.1) 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. 

(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 lessee 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. 

(2.1) Where premises are let by rental agreement from month to month or week to week, 

(a) a notice of termination shall be served by the lessee on or before the due date for the payment of rent; and

(b) service pursuant to clause (a) terminates the rental agreement on the day preceding the day that would otherwise be the next rental payment due date following the date referred to in clause (a).

AND WHEREAS based on the submissions of the parties and the material on file, the Commission has concluded that:

1. the Lessee occupied the premises and failed to pay rent owed; and

2. the Lessee failed to serve proper notice.

IT IS THEREFORE ORDERED THAT

1. Order LR03-013 is varied by the deletion of the second and third clauses and the following substituted:

2.   The Lessee occupied the unit and therefore owes rent in the amount of $300 for the month of June; and

3.   Due to failure to provide proper notice as required under the Act, the Lessee owes rent in the amount of $300 for the month of July.

DATED at Charlottetown, Prince Edward Island, this 24th day of October, 2003.

BY THE COMMISSION:

Maurice Rodgerson, Vice-Chair

Weston Rose, Commissioner

Norman Gallant, 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.