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

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IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Andrea Neufeld (the Lessee) of Charlottetown, Prince Edward Island, against a decision and order (No. #92-0042) of the Director of Residential Rental Property dated March 24, 1992. 

APPEAL HEARD BEFORE:

Linda Webber, Chairman
John L. Blakney, Vice Chairman
James Nicholson, Commissioner

DATE OF HEARING: April 24, 1992

DATE OF ORDER: May 27, 1992

Decision and Order

Participants

Andrea Neufeld (Appellant)

Roy Birt (Secretary-Treasurer of R. Birt & Associates, Lessor)

Debbie Birt (Manager for Lessor)

Decision

Background

Andrea Neufeld (the Lessee) was given possession of premises located at 12 Orlebar Street, Apartment #3, on August 30, 1991. At that time she received a copy of the rental terms and conditions of R. Birt & Associates (the Lessor) and a copy of an inspection report dated August 29, 1992.

By Form 2, Application for Enforcement of Statutory or Other Conditions of Rental Agreement, signed on February 17, 1992, the Lessee asked the Director of Residential Rental Property to look into a number of matters about which she had a complaint.

After completing his investigation, and receiving a report from the Charlottetown Water Commission, the Director of Residential Rental Property issued an order (#92-0042) dated March 24, 1992 in which he dealt with the complaints of the Lessee. Within the Order he noted that the problem with the water pressure would not be easy to correct, if correction was at all reasonably possible, and as a result the Lessor agreed to reduce the rent from $515 per month to $475 per month beginning April 1, 1992.

On March 31, 1992, the Lessee filed a notice of appeal from the order of the Director of Residential Rental Property. The Notice of Appeal stated that, based upon the rent paid for other of the Lessor's apartments and the fact that the water problem was not going to be fixed, the rent should be lowered to $450 per month.

Evidence and Argument

The Lessee gave evidence of the history of her problems with the rental premises, and what had and what had not been fixed by the Lessor. She testified that hers is a two-bedroom apartment and that one lessee was paying $425 for a similar two-bedroom apartment and another was paying $430 for a three-bedroom apartment.

The Lessee stated that she likes her apartment, finds it convenient for her work, and doesn't want problems with the Lessor.

The Lessor testified that the other two-bedroom apartment near the Lessee is rented out at $425 only because that lessee's other roommate had moved out and she is using it as a one-bedroom apartment. She is a previous lessee of the Lessor and the regular rent was $500 per month. If she gets a roommate the rent will go back up to $500 per month. The three bedroom apartment is rented for $540 per month.

The Lessor also pointed out that the Lessee's apartment did not have a shower when she rented it. Shower facilities were put in at the Lessee's request and it was only after this that they realized that the water pressure was insufficient for a shower. He stated that he had voluntarily offered to reduce the rent, and had reduced it, in order to try to further accommodate the Lessee. Also, a number of the items referred to in the order of the Director of Residential Rental Property had been dealt with and others would be dealt with when the results of this hearing are known. The Lessor did not realize until this hearing that garbage in the hallway was still a problem. He thought it had been corrected.

Decision

The Commission finds that the Lessee was mistaken in her belief that other lessees in similar circumstances were paying less rent to the Lessor.

The Commission further finds that the rent reduction approved in the Order of the Director was reasonable.

The appeal is, therefore, denied.

The Commission notes, however, that there continues to be a responsibility on the Lessor for ensuring that garbage is not left in the hallway of the premises.

Order

The appeal is denied and the Order of the Director of Residential Rental Property is confirmed in all respects.

DATED this 27th day of May, 1992.

Linda Webber, Chairman
John Blakney, Vice-Chairman
James Nicholson, Commissioner