Docket
LR20032
Order LR20-29
IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act (the "Act") filed by Gregg McCardle against Order LD20-218 dated August 20, 2020 issued by the the Director of Residential Rental Property.
BEFORE THE COMMISSION
on Thursday, the 1st day of October, 2020.
Erin T. Mitchell, Panel Chair & Commissioner
M. Douglas Clow, Vice-Chair
Jean Tingley, Commissioner
Order
This appeal asks the simple question
of whether a tenant owes a landlord for unpaid rent.
Background
The Appellant, Gregg McCardle ("Mr.
McCardle"), rented a room from the Respondent, Tammy Blaxland ("Ms.
Blaxland") in her house located at 1 Orchard Drive in Stratford, PEI (the
"Premises"). He moved in on April 1, 2020, and rent was due on the first of
each month. Mr. McCardle paid rent for April and May, but informed Ms.
Blaxland in late May that he intended to move out. He did not pay rent for
the month of June. He remained on the Premises until July 2, 2020.
On June 2, 2020, Ms. Blaxland served
Mr. McCardle with a Notice of Termination by Lessor of Rental Agreement
("Form 4"), citing unpaid rent for June 2020 and alleging a security deposit
was unpaid.
On June 12, 2020 Ms. Blaxland filed
with the Director of Residential Rental Property (the "Director") an
Application for Enforcement of Statutory or Other Conditions of Rental
Agreement ("Form 2") seeking a finding that rent is owed and a finding that
the security deposit, or part thereof, should be forfeited or returned.
The Director heard the matter on
August 17, 2020, and in Order LD20-218 ordered that Mr. McCardle pay to Ms.
Blaxland the sum of $488, representing rent owing for the month of June
2020. The Director made no order with respect to the security deposit, as no
security deposit was ultimately paid.
Mr. McCardle appealed.
The Commission heard the appeal
commencing on September 22, 2020. Both parties participated by way of
telephone conference call. Mr. McCardle requested an adjournment and the
hearing continued on September 30, 2020.
DECISION
The appeal is denied and Director's
Order LD20-218 is confirmed.
IS RENT OWING?
Mr. McCardle testified that he was
disappointed with the Director's decision and felt that his side of the
story had not been taken into consideration.
He felt that there were "mistruths" in the Respondent's testimony and
evidence. His specific concerns
form part of the audio record of the hearing.
Under questioning from the
Commission, Mr. McCardle acknowledged that he lived in the premises from
April 1 to July 2, 2020. He
acknowledged that he paid his rent for April and May but did not pay rent
for June 2020.
Mr. McCardle stated that he decided
to move out of the Premises in late May, 2020, due to the alleged behaviour
of Ms. Blaxland and her guests. He stated that they had initially agreed
that the Premises would be a "safe and sober" house, though Ms. Blaxland
stated that this condition was not a term of their rental agreement. Nothing
in the written record establishes that this condition formed part of the
rental agreement.
The Commission notes that Mr.
McCardle did not provide the required notice to Ms. Blaxland to terminate
their rental agreement, as is required by section 11 of the
Rental of Residential Property Act, RSPEI 1988, Cap. R-13.1, as amended (the "Act").
By his own admission, Mr. McCardle
remained on the Premises until July 2, 2020, and acknowledged he did not pay
rent for the month of June. Mr. McCardle's alleged reasons for deciding to
move out of the Premises did not entitle him to withhold rent from Ms.
Blaxland.
With respect to the security deposit sought by Ms. Blaxland, the Commission agrees with the Director's findings that, as no security deposit was paid, there is no jurisdiction to award an amount based on an alleged breach of an agreement between the parties.
DECISION
The appeal is denied and Director's
Order LD20-218 is confirmed.
The Commission finds that Mr. McCardle lived in the premises during the month of June 2020 but did not pay rent for that month. The Commission finds that Mr. McCardle owes rent for the month of June 2020.
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 LD20-218 is
confirmed.
DATED at Charlottetown, Prince Edward Island, this 1st day of October, 2020.
BY THE COMMISSION
:Erin T. Mitchell, Panel Chair & Commissioner
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.