Docket
LR20030
Order LR20-25
IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act filed by Melissa MacDougall against Order LD20-226 dated August 28, 2020 issued by the Director of Residential Rental Property.
BEFORE THE COMMISSION
on Friday, the 18th day of September, 2020.
M. Douglas Clow, Vice-Chair
Jean Tingley, Commissioner
Order
Background
On September 2, 2020 the Commission
received a Notice of Appeal from a lessee, Melissa MacDougall (the
"Appellant"), requesting an appeal of Order LD20-226 dated August 28, 2020
issued by the Director of Residential Rental Property (the "Director").
By way of background on August 14,
2020 a lessor, Alberton Housing Authority (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 21, 2020.
The matter was heard by the Director
and in Order LD20-226 the Director ordered:
"IT IS THEREFORE ORDERED
THAT
1.
Possession of the residential premises be surrendered to the
Landlord and the Sheriff is directed to put the Landlord
in possession of the premises at 1:00 p.m. on Wednesday,
September 2, 2020."
The Commission heard the appeal on September 18, 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 was represented by Maurice Gallant ("Mr. Gallant") and Andrea Gallant ("Ms. Gallant") who also participated by telephone.
Evidence
The Appellant testified with respect
to the circumstances with respect to the rent and inspection access issues.
She stated that in the spring of 2020 she had offered to pay her rent
several months in advance but the Respondent would not accept advance
payment of rent. She testified
that she attempted to pay her rent after receiving the Form 4 but could not
as the chip had malfunctioned in her bank card.
Her testimony forms part of the audio record.
Mr. Gallant and Ms. Gallant testified as to their efforts to collect rent and obtain access for inspections. They noted that the sum of $300.00, representing three months rent, is currently outstanding. Their testimony also forms part of the audio record.
Decision
The appeal is denied and Director's Order LD20-226 is confirmed.
The Commission finds that the
Appellant had not filed a Form 6 Application by Lessee to Set Aside Notice
of Termination. The Commission
also finds that the Appellant did not pay the arrears of rent within 10 days
of receiving the Form 4. The
Commission finds that the Appellant is deemed, under subsection 16(3) of the
Rental of Residential Property Act, to have
accepted the July 21, 2020 Form 4 filed by the Respondent.
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 LD20-226 is
confirmed.
DATED at Charlottetown, Prince Edward Island, this 18th day of September, 2020.
BY THE COMMISSION
:M. Douglas Clow, Vice-Chair
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.