Docket
LR20027
Order LR20-22
IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act filed by Mandi Cairns against Order LD20-221 dated August 20, 2020 issued by the Director of Residential Rental Property.
BEFORE THE COMMISSION
on Friday, the 4th day of September, 2020.
Erin T. Mitchell, Commissioner
Jean Tingley, Commissioner
Order
BACKGROUND
On August 28, 2020 the Commission
received a Notice of Appeal from a lessee, Mandi Cairns (the "Appellant"),
requesting an appeal of Order LD20-221 dated August 20, 2020 issued by the
Director of Residential Rental Property (the "Director").
By way of background on August 12,
2020 a lessor, Matt Llewellyn (the "Respondent"), filed with the Director a
Form 2 - Application for Enforcement of Statutory or Other Conditions of
Rental Agreement (the "Form 2") seeking an order that possession of the
residential premises be surrendered to the lessor and directing the sheriff
to put the lessor in possession.
Attached to the Form 2 was a Form 4 - Notice of Termination by Lessor
of Rental Agreement dated July 3, 2020.
The matter was heard by the Director
on August 20, 2020 and in Order LD20-221 the Director ordered:
"IT IS THEREFORE ORDERED
THAT
1.
Possession of the residential premises be surrendered to the
lessor and the Sheriff is directed to put the lessor in possession of the
premises at 1:00 p.m. on Thursday, August 27, 2020."
The Commission heard the appeal on September 4, 2020 by way of telephone conference in order to meet current social distancing requirements due to the COVID-19 pandemic. The Appellant participated by telephone. The Respondent also participated by telephone.
EVIDENCE
The Appellant acknowledged that she
has not paid her August rent.
She testified that she will be moving out of the premises this weekend.
She acknowledges that the Respondent can use the security deposit to
pay the outstanding August rent.
The Respondent testified that he has
bills to pay.
DECISION
The Commission denies the appeal and
confirms the decision of the Director in Order LD20-221.
The Commission notes in particular
that the Appellant had not filed a Form 6 Application by Lessee to Set Aside
Notice of Termination.
Accordingly, she is deemed under the
Rental of Residential Property Act to have accepted
the July 3, 2020 Form 4 filed by the Respondent.
Further, the Appellant has confirmed she will be moving out of the premises this weekend.
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. Director's Order LD20-221 is confirmed.
DATED at Charlottetown, Prince Edward Island, this 4th day of September, 2020.
BY THE COMMISSION
:Erin T. Mitchell, Commissioner
Jean Tingley, 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.