Order LR05-05 - Rental Appeal - A-008-05 Re: Kristine Raper v. Director of Residential Rental Property (Order LD05-05)

Docket A-008-05
Order LR05-05

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Kristine Raper against Order No. LD05-177 of the Director of Residential Rental Property dated June 27, 2005.

BEFORE THE COMMISSION

on Monday, the 15th day of August, 2005.

Weston Rose, Commissioner
Norman Gallant, Commissioner
Kathy Kennedy, Commissioner

Order

Participants

1.   Appellant:

Kristine Raper

Also present:
Jacob (Marco) ter Beek

2.  Respondent:

Bonnie MacLean

Also present:
Charlene MacLean

Reasons for Order

1. Introduction

Kristine Raper (the Appellant) appealed Order LD05-177 (Exhibit E-6) issued by the Office of the Director of Residential Rental Property (the Director) on June 27, 2005. The Appellant's Notice of Appeal (Exhibit E-7) was received by the Island Regulatory and Appeals Commission (the Commission) on July 4, 2005.

The Director's Order and the present appeal concern apartment #1 located at 30 Cornwall Road in Cornwall (the Apartment).

The appeal was heard in the Commission's main hearing room in Charlottetown, Prince Edward Island on Wednesday August 3, 2005.

2. Background

The Appellant had completed a Notice Of Termination By Lessor Of Rental Agreement (Form 4) dated May 29, 2005 to be effective June 30, 2005 in order to terminate the rental agreement with Bonnie MacLean (the Respondent).

The Respondent made an application on June 7, 2005 to set aside the Notice of Termination pursuant to Section 16 of the Rental of Residential Property Act (the Act).

In Order LD05-177, the Director found the Respondent's application to set aside the Notice of Termination to be valid, ordered that the May 29, 2005 Notice of Termination was not valid and therefore the rental agreement between the parties remained in effect.

3. Decision

The appeal is allowed.

Section 14.(1)(a) of the Act reads as follows:

14. (1) The lessor may also serve a notice of termination upon the lessee where

(a) statutory condition 3 or 4, or any other term of rental agreement has been breached, other than failure to pay rent;

Statutory Condition 3 reads as follows:

3.  Good Behaviour
The lessee and any person admitted to the premises by the lessee shall conduct themselves in such a manner as not to interfere with the possession, occupancy or quiet enjoyment of other lessees.

Appeal hearings to the Commission under the Act are hearings de novo. What this means is that the appeal to the Commission is a fresh hearing. The Commission considers not only the evidence before the Director when Order LD05-177 was issued, but also additional evidence provided to the Commission after the issuance of said Order and the testimony presented to the Commission at the present appeal.

Based on all the evidence before it, the Commission finds that the Respondent breached statutory condition 3 and therefore the Commission reverses Order LD05-177.

Accordingly, the rental agreement between the Appellant and Respondent is hereby terminated with an effective date of September 15, 2005.

Order

WHEREAS Kristine Raper appeals against Order LD05-177 of the Director of Residential Rental Property, dated June 27, 2005;

AND WHEREAS the Commission heard the appeal in Charlottetown on August 3, 2005;

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

IT IS ORDERED THAT

The appeal is allowed.

The Commission hereby reverses Order LD05-177 and rental agreement is terminated effective September 15, 2005.

DATED at Charlottetown, Prince Edward Island, this 15th day of August, 2005.

BY THE COMMISSION:

Weston Rose, Commissioner

Norman Gallant, Commissioner

Kathy Kennedy, 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.