Docket A-009-05
Order LR05-07
IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Ifo Ikede against Order No. LD05-229 of the Director of Residential Rental Property dated August 18, 2005.
BEFORE THE COMMISSION
on Thursday, the 8th day of September, 2005.
Weston Rose, Commissioner
Norman Gallant, Commissioner
Anne Petley, Commissioner
Order
Participants
1. Appellant:
Ifo Ikede
2. Respondent:
Richard Casford for Associated Ventures Ltd.
Reasons for Order
1. Introduction
Ifo Ikede (the Appellant) appealed Order LD05-229 (Exhibit E-7) issued by the Office of the Director of Residential Rental Property (the Director) on August 18, 2005. The Appellant's Notice of Appeal (Exhibit E-9) was received by the Island Regulatory and Appeals Commission (the Commission) on August 24, 2005.
The Director's Order and the present appeal concern apartment #47 located at 523 Queen Street in Charlottetown (the Apartment).
The appeal was heard in the Commission's main hearing room in Charlottetown, Prince Edward Island on Tuesday September 6, 2005.
2. Background
Associated Ventures Ltd. (the Respondent) filed a Notice of Termination By Lessor Of Rental Agreement (Form 4) (the Notice of Termination) dated July 22, 2005. This document, signed by Al Allen on behalf of the Respondent, states that the Appellant has not paid rent due on July 1, 2005 in the amount of $575.00.
On August 2, 2005 the Appellant made application to set aside the Notice of Termination pursuant to section 16 of the Rental of Residential Rental Property Act, R.S.P.E.I. 1988, Cap. R-13.1 (the Act), as amended.
The Director held a hearing on the matter on August 11, 2005 pursuant to section 4.(2)(d) of the Act and Order No. LD05-229 was issued on August 18, 2005. In Order LD05-229, the Director ordered the following:
1. The lessee's [Appellant's] application to set aside the Notice of Termination is denied.
2. The vacate date on Form 4 that was served to the lessee on July 22, 2005 has been amended to August 11, 2005.
3. The rental agreement between the lessor and the lessee is terminated as of August 11, 2005.
3. Decision
The appeal is denied for the reasons that follow.
In the Appellant's Application By Lessee To Set Aside Notice Of Termination (Form 6), he stated that the Respondent refused his payment of rent on July 22, 2005. At the hearing before the Commission, the Appellant notes that he was troubled by the fact that the Respondent filed for non-payment of rent after refusing to accept payment of the July 2005 rent. The Appellant states that he was having financial difficulties and the Respondent was aware of these difficulties.
However, the evidence before the Commission reveals that on July 22, 2005 the Respondent refused the Appellant's offer to pay a partial July 2005 rent payment in the amount of $300.
The Commission finds that the Respondent is entitled to refuse a partial payment of rent as the rental agreement between the parties specifies that rent in the amount of $575.00 shall be paid on the first day of each month. Accordingly, the Appellant's application to set aside the Notice of Termination is hereby denied.
At the hearing, the Respondent told the Commission that the Appellant could keep the apartment provided that he paid, in full, the outstanding rent for the months of July, August and September 2005.
The Commission hereby orders the Appellant to vacate the apartment by September 20, 2005 unless he has by said date paid, in full, the current outstanding rent totaling $1725.00 for the months of July, August and September 2005.
Order
WHEREAS
Ifo Ikede appeals against Order LD05-229 of the Director of Residential Rental Property, dated August 18, 2005;AND WHEREAS
NOW THEREFORE,
for the reasons given in the annexed Reasons for Order;IT IS ORDERED THAT
- The appeal is denied.
- The Appellant vacate the apartment by September 20, 2005 unless he has by said date paid, in full, the current outstanding rent totaling $1725.00 for the months of July, August and September 2005.
DATED at Charlottetown, Prince Edward Island, this 8th day of September, 2005.
BY THE COMMISSION
:Weston Rose, Commissioner
Norman Gallant, Commissioner
Anne Petley, 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.