Docket A-005-93
Order LR93-9

IN THE MATTER of the Rental of Residential Property Act, R.S.P.E.I. 1988, C. R 13.1,

and

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by F. Scott Coffin (the Lessor) against Order No. LD93-59 of the Director of Residential Property dated March 22, 1993.

Wednesday, April 21, 1993

Linda Webber, Chairman
Myrtle Jenkins-Smith, Commissioner
Clayton Bulpitt, Commissioner

Order

Participants

1. Appellant

Lessor
F. Scott Coffin

Witness
Pamela MacIsaac

2. Respondent

Lessee
Karl Doucette

Reasons for Order

1 Background

The Lessor, F. Scott Coffin, gave Notice of Termination to the Lessee, Karl Doucette, on February 18, 1993— termination to be effective April 30, 1993.

The Lessee challenged the notice by filing an Application by Lessee to Set Aside Notice of Termination (Form 6), dated February 26, 1993.

A hearing into the matter was held on March 18, 1993 and an Order was issued by the Director of Residential Rental Property (the Director) on March 22, 1993. This Order stated that the rental agreement would be terminated as of June 30, 1993.

The Lessor filed a Notice of Appeal (Form 17) on April 5, 1993, objecting to the extension of time given to the Lessee for vacating the premises.

A hearing on the appeal was held on April 19, 1993.

2 Evidence & Arguments

2.1 The Lessor

The Lessor gave evidence of the history of the relationship between himself and the Lessee and the Lessee's wife. He also testified that he was getting married on July 24th and needed more time than the Director's Order gave him to renovate the premises for occupation by himself, his wife and their guests.

The Lessor's fiancée, Pamela MacIsaac, also gave evidence about the problems between the Lessor and the Lessee and the need to have occupation of the premises soon. She was emphatic in stating that she wanted the whole house to herself and the Lessor once they were married.

Both the Lessor and Ms. MacIsaac stated that the problems with the Lessee had created tension that were affecting the Lessor's health and produced a statement from Dr. F.A. Morais (Exhibit 8) in support of this.

They also produced marriage information documents in support of their statements that they were, in fact, getting married.

In his Notice of Appeal the Lessor stated he would be willing to extend the date of termination to May 31st. This date was amended at the hearing, during which the Lessor stated that, given the short time now to April 30th he could accept the Lessee staying until May 15th. However, relations had deteriorated so much, any further extension was not acceptable.

2.2 The Lessee

The Lessee gave evidence about the history of the relationship between the parties and why he needed more time before he could move out. One reason was the desire not to have his eleven-year-old daughter disrupted from school. Primarily, however, the problem is that they can't afford to move at this time.

The Lessee questioned how Dr. Morais could know that the Lessor's problems resulted from the tension between the Lessor and the Lessee. The Lessee argued that the Notice of Termination was really driven by the Lessor's anger at the Lessee's complaints and not by the Lessor's planned marriage.

3 Decision

The evidence at the hearing clearly showed a serious breakdown in relations between the Lessor and Lessee, with much bitterness present on both sides. Much time was devoted to complaints by each about the other. Such

evidence would be relevant if an argument was seriously being made that the Notice of Termination was not made in good faith. However, the evidence in this case is quite strong as to the desire of the Lessor to have the premises for himself and the desire of the Lessor and his future wife to have the premises to themselves.

The Lessee stressed:

(1) his desire not to interrupt his child's schooling; and

(2) his financial problems—not being able to afford to move.

The relevant section of the Rental of Residential Property Act is as follows:

s.15 (1) Where the lessor in good faith seeks to

(a) have possession of the premises for occupation by himself, his spouse, children or parents, or the parents of his spouse;

(b) convert the premises to a use other than residential use;

(c) renovate the premises where the nature of the renovations are advised to the lessee and are such that the renovations cannot be carried out while the lessee occupies the premises;

(d) demolish the premises,

the lessor may serve the lessee with a notice of termination to be effective not less than two months after it is served.

There is nothing in that, or any other section, that gives the Director any discretion to alter the two months' required notice because of the personal circumstances of the Lessee. While we may sympathize with those circumstances, we are bound by the law as passed by the Legislature of this province. In this case, the law is clear.

The Lessor gave the proper, required notice in the proper form. The Director did not have any authority to order that the termination be extended. The appeal is, therefore, allowed.

As a result of the consent of the Lessor to allow an extension of the termination date, the termination date is now fixed at May 15, 1993.

Accordingly,

1. The appeal is allowed;

2. The Order of the Director is varied; and

3. The rental agreement is hereby terminated as of May 15, 1993.

An Order will therefore issue.

IN THE MATTER of the Rental of Residential Property Act, R.S.P.E.I. 1988, C. R 13.1,

and

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by F. Scott Coffin (the Lessor) against Order No. LD93-59 of the Director of Residential Property dated March 22, 1993.

Order

UPON the appeal of F. Scott Coffin against a decision of the Director of Residential Rental Property dated March 22, 1993;

AND UPON hearing the appeal conducted in Charlottetown on April 19, 1993;

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

IT IS ORDERED THAT

1. The appeal is allowed;

2. The Order of the Director is varied; and

3. The rental agreement is hereby terminated as of May 15, 1993.

DATED at Charlottetown, Prince Edward Island, this 21st day of April, 1993.

BY THE COMMISSION:

Linda Webber, Chairman
Myrtle Jenkins-Smith, Commissioner
Clayton Bulpitt, Commissioner