Docket A-006-05 and A-007-05
Order LR05-02

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Michael Joslin of Order No. LD05-133 of the Director of Residential Rental Property dated May 16, 2005 and of Order No. LD05-143 dated May 27, 2005.

BEFORE THE COMMISSION

on Monday, the 4th day of July, 2005.

Weston Rose, Commissioner
Norman Gallant, Commissioner
Anne Petley, Commissioner

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Order

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Participants

1.   Appellant:

Michael Joslin

Representative: 
Patricia Strickland

2.  Respondent:

MacRae Holdings Inc.

Representative:
Glen Pye

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Reasons for Order

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1.  Introduction

Michael Joslin (the Appellant) appealed Order LD05-133 (Exhibit E-11) issued by the Office of the Director of Residential Rental Property (the Director) on May 16, 2005.  The Appellant's Notice of Appeal (Exhibit E-12) was received by the Island Regulatory and Appeals Commission (the Commission) on June 8, 2005. 

The Appellant also appealed Order LD05-143 issued by the Director on May 27, 2005.  The Appellant's Notice of Appeal for this appeal was received on June 9, 2005.

The Director's Orders and this present appeal concern a mobile home lot (lot) located at Meadowvale Park in Charlottetown.

The appeal was heard in the Commissions main hearing room in Charlottetown, Prince Edward Island on Wednesday, June 22, 2005.

2.  Background

The Appellant entered into a written month to month rental agreement (no copy on file) with MacRae Holdings Inc. (the Respondent) commencing November 1, 2001.  Initially the rent was $94.15 per month and the rent is presently $101.00 per month.  Following a past history of rent being in arrears, and a current arrears of $101.30, the Respondent filed an application for termination of the rental agreement on April 22, 2005. 

In Order LD05-133 the Director ordered that the rental agreement be terminated effective May 21, 2005 and required the Appellant to vacate the lot on or before that date. 

Following the issuance of Order LD05-133, the Respondent filed an Application for Enforcement of Statutory or Other Conditions of Rental Agreement (Form 2) on May 24, 2005. 

In Order LD05-143 the Director ordered that possession of the lot be surrendered to the Respondent and the sheriff is directed to put the Respondent in possession of the lot at 1:00 p.m. May 31, 2005.

3.  Decision

The appeals are denied and the Commission confirms Order LD05-133.  With respect to Order LD05-143, the Commission hereby orders possession of the lot to be surrendered to the Respondent MacRae Holdings Inc. and the sheriff is directed to put the Respondent in possession of the lot at 12:00 noon on July 15, 2005.  Reasons for this decision follow. 

The Appellant does not dispute being late in paying lot rent in the past.  However, he was experiencing financial hardship and had his mobile home for sale since November 2004.  His brother Duane Arnold moved in to the mobile home in March and is hoping to purchase the mobile home.  The parties had entered into a supplemental rental agreement on April 6, 2005 (Exhibit E-9).  The Appellant contacted the Respondent's representative on April 20, 2005 asking if the arrears could be paid the next day.  The Respondent's representative agreed to this provided that the Appellant paid the arrears by 2:00 p.m. as the representative had to leave for work by that time. On April 21, 2005 the Respondent's representative refused the payment offered by Mr. Arnold's girlfriend just as the Respondent's representative was leaving for work. 

While the parties did enter into an agreement on April 6, 2005, the Respondent insisted on strict fulfillment of the terms of that agreement.  The Commission finds that the Appellant was habitually late in paying rent for the lot.  The Respondent was entitled to apply for a termination of the rental agreement as financial hardship is not a justification for late payment of rent under the Rental of Residential Property Act.  Accordingly, the Commission confirms the Director's decision in Order LD05-133. 

With respect to Order LD05-143, the Commission hereby orders possession of the lot to be surrendered to the Respondent MacRae Holdings Inc. and the sheriff is directed to put the Respondent in possession of the lot at 12:00 noon on July 15, 2005.  The Appellant has until this date and time to remove his mobile home from the lot.

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