IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act by Cynthia Gillespie against Order LD13-247 dated August 13, 2013 issued by the Director of Residential Rental Property.

BEFORE THE COMMISSION

on Wednesday, the 28th day of August, 2013.

John Broderick, Acting Vice-Chair
Michael Campbell, Commissioner
Ferne MacPhail, Commissioner

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Order

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BACKGROUND  

On August 15, 2013 the Commission received a Notice of Appeal dated the same date from a lessee, Cynthia Gillespie (the Appellant) requesting an appeal of Order LD13-247 dated August 13, 2013 issued by the Director of Residential Rental Property (the Director). 

By way of background, on July 24, 2013 a lessor, Westridge Estates Co-operative Ltd. (the Respondent), filed with the Director a Form 2 - Application for Enforcement of Statutory or Other Conditions of Rental Agreement dated the same date, to which was attached a Form 4 - Notice of Termination by Lessor of Rental Agreement dated July 3, 2013.   

The matter was heard by the Director on August 1, 2013.  In Order LD13-247 it states that: 

"IT IS THEREFORE ORDERED THAT 

1. Possession of the residential premises located at 33 Westridge Drive, Charlottetown, PEI shall be surrendered to the Co-op, and the Sheriff is directed to put the Co-op in possession of the residential premises at 11:00 A.M., Monday, August 19, 2013."

The matter was heard before the Commission on August 28, 2013.  The Appellant was present.  The Respondent was represented by Dan Murray (Mr. Murray).

EVIDENCE  

The Appellant acknowledged that her occupancy payments are in arrears.  She told the Commission that she offered a substantial payment to the Respondent's Board of Directors (the Board), but they refused to accept the payment.  She asked the Board for a meeting, but they refused.  She believes that the Board wants her to leave for reasons other than payment arrears. 

Mr. Murray told the Commission that all payments for occupancy charges are to be paid to Atlantic Peoples Housing (APH) and any payment arrangements are to be made at the APH office.  He noted that the Respondent would like to have possession of the premises by September 3, 2013. 

DECISION  

The Appeal is denied.  The Commission agrees with the findings and decision of the Director in Director's Order LD13-247, subject to a necessary adjustment in the date the Sheriff is directed to put the Respondent in possession. 

The Commission wishes to point out that it has no jurisdiction to require the Respondent's Board to meet with the Appellant.  The Commission's jurisdiction only pertains to the issue of occupancy charge payment arrears.  In the present matter there are substantial arrears in these occupancy charges and the Respondent has followed the process set out in the Rental of Residential Rental Property Act to terminate the Occupancy Agreement.

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act;

IT IS ORDERED THAT

1.  The appeal is denied. 

2.  Possession of the residential premises located at 33 Westridge Drive, Charlottetown, PE shall be surrendered to the Respondent, Westridge Estates Co-operative Ltd., and the Sheriff is directed to put said Respondent in possession of the residential premises at 11:0 a.m. on Tuesday, September 3, 2013.

DATED at Charlottetown, Prince Edward Island, the 28th day of August, 2013.

BY THE COMMISSION:

John Broderick, Acting Vice-Chair

Michael Campbell, Commissioner

Ferne MacPhail, Commissioner

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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.
 

NOTICE: IRAC File Retention

In accordance with the Commission's Records Retention and Disposition Schedule, the material contained in the official file regarding this matter will be retained by the Commission for a period of 2 years.