Docket A-020-04
Order LR04-18

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Chris Arbing against Order No. LD04-221 of the Director of Residential Rental Property dated September 14, 2004.

BEFORE THE COMMISSION

on Friday, the 24th day of September, 2004.

Brian J. McKenna, Vice-Chair
Norman Gallant, Commissioner
Anne Petley, Commissioner

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Order

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Participants

1.   Appellant:

Chris Arbing

2.  Respondent:

Keir MacLeod

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Reasons for Order

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1.  Introduction

Chris Arbing (the Appellant) appealed Order LD04-221 (Exhibit E-4) issued by the Office of the Director of Residential Rental Property (the Director) on September 14, 2004.  The Appellant's Notice of Appeal (Exhibit E-5) was received by the Island Regulatory and Appeals Commission (the Commission) on August 16, 2004. 

The Director's Order and this present appeal concern apartment #5 located at 59 Summer Street in Charlottetown (the premises).

The appeal was heard in the Commission's main hearing room in Charlottetown, Prince Edward Island on Wednesday, September 22, 2004.

2.  Background

The Appellant entered into a verbal month to month rental agreement commencing in October 1998 with Keir MacLeod (the Respondent). The rent is $500.00 per month, payable on the first day of each month.  No security deposit was required.

The Respondent served the Appellant, in person, with a Notice of Termination By Lessor of Rental Agreement (Form 4) on August 6, 2004 because the Appellant was late with his rent.   The Respondent states that the outstanding rent as of August 6, 2004 was $1,381.00 not $381.00 as he had written on Form 4.  Form 4 specified that the Appellant was to vacate the premises on or before August 26, 2004.

On September 1, 2004, the Respondent filed an Application for Enforcement of Statutory or Other Conditions of Rental Agreement (Exhibit E-1).   A hearing was held by the Office of the Director of Residential Rental Property on September 13, 2004 and Order LD04-221 was issued on September 14, 2004. 

3.  Decision

The appeal is denied, for the reasons that follow.

Sections 25 and 26 of the Act read as follows:

25. (1) Any party to a decision or order of the Director, if the party has appeared or been represented at the hearing before the Director, may appeal therefrom by serving on the Commission, within twenty days after receipt of the decision or order of the Director, a notice of appeal in the form prescribed by regulation.

(2) Appeals made to the Commission shall be heard by it within thirty days of receipt of the appeal.

(3) Where an appeal is not made under subsection (1), the parties are deemed to have accepted the decision of the Director and the decision is final. 1988,c.58,s.25; 1990,c.53,s.7; 1991,c.34,s.1,2; 1991,c.18,s.22 {eff.} Nov. 4/91.

26. (1)  An appeal to the Commission shall be by way of a re-hearing, and the Commission may receive and accept such evidence and information on oath or affidavit as in its discretion it considers fit and make such decision or order as the Director is authorized to make under this Act.

(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. 1988,c.58,s.26; 1990,c.53,s.8; 1991,c.18,s.22 {eff.} Nov. 4/91.   

Subsection 13(2) of the Act reads as follows:

13 (2)  A lessee may, within ten days of being served with a notice of termination under subsection (1) deliver to the lessor all the rent due as of that date, whereupon the notice shall be void. 

The Commission finds that the Appellant did not pay all the rent due within ten days of receiving the Notice of Termination By Lessor of Rental Agreement (Form 4).   

Accordingly, the Commission finds that the rental agreement has been terminated and the appeal is denied and Order LD04-221 of the Office of the Director of Residential Rental Property is hereby confirmed.  The Appellant is hereby ordered to vacate the premises immediately. 

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