Docket A-010-05
Order LR05-08

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Sophia Djuk against Order No. LD05-219 of the Director of Residential Rental Property dated August 12, 2005.

BEFORE THE COMMISSION

on Wednesday, the 28th day of September, 2005.

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

Order

Participants

1.   For the Appellant:

Sophia Djuk
John Roper

2.  For the Respondent:

Karl Ford

Reasons for Order

1.  Introduction

Sophia Djuk (the Appellant) appealed Order LD05-219 (Exhibit E-6) issued by the Office of the Director of Residential Rental Property (the Director) on August 12, 2005.  The Appellant's Notice of Appeal (Exhibit E-7) was received by the Island Regulatory and Appeals Commission (the Commission) on August 31, 2005. 

The Director's Order and the present appeal concern apartment #2 located at Civic #647, Route 252, RR 10 Winsloe (the Apartment).

The appeal was heard in the Commission's main hearing room in Charlottetown, Prince Edward Island on Monday September 19, 2005.

2.  Background

The parties entered into a verbal month to month rental agreement for the apartment with a monthly rent of $600.00 commencing January 1, 2004.  Karl Ford (the Respondent) terminated the rental agreement with the Appellant by filing a Notice of Termination by Lessor of Rental Agreement (Form 4) dated September 1, 2004 with an effective date of September 21, 2004.   

On March 11, 2005, the Respondent filed an Application For Enforcement of Statutory or Other Conditions of Rental Agreement (Form 2) pursuant to section 8(d.1) of the Rental of Residential Property Act (the Act). 

The Director held a hearing on April 22, 2005 pursuant to section 4(2)(d) of the Act.  On August 12, 2005 the Director, in Order LD05-219, ordered that the Appellant pay outstanding rent to the Respondent in the amount of $2,637.00 on or before September 12, 2005.

3.  Decision

The appeal is denied for the reasons that follow.

At the hearing of this appeal, the Appellant outlined to the Commission the various problems she had while a tenant of the Respondent.  The Appellant recognizes that she owes the Respondent money, but she stated that she does not have the ability to pay the money owed and questions the total amount owed. 

While the Commission is sympathetic to the Appellant's financial situation, the Act does not give the Commission the authority to reduce or eliminate the rent owed by the Appellant to the Respondent by reason of financial hardship.  While the Appellant alleges that the Respondent owes the Appellant money for a damaged windshield, the Commission does not have the jurisdiction to deal with that matter. 

Upon a review of the Director's Order, the Commission is satisfied that the Director accurately calculated the total amount of rent money owed.  Accordingly, the Commission hereby denies the appeal and confirms the finding of the Director that the Appellant hereby owes the Respondent the sum of $2,637.00 for unpaid rent for the period January 1 to September 21, 2004.

Order

WHEREAS Sophia Djuk (the Appellant) appeals against Order LD05-219 of the Director of Residential Rental Property, dated August 12, 2005;

AND WHEREAS the Commission heard the appeal in Charlottetown on September 19, 2005;

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

IT IS ORDERED THAT

  1. The appeal is denied.
  2. The Appellant pay the Respondent Karl Ford $2,637.00 for unpaid rent for the period January 1 to September 21, 2004.

DATED at Charlottetown, Prince Edward Island, this 28th 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.