LR96-9

Appeal · other. Outcome: dismissed.

Linked prior order: LD96-115

Order text

Order LR96-09 - A-012-96 - Rental Appeal - Beth MacKenzie v. Stan & Vivian Neal (Aug.19, 1996) Docket A-012-96 Order LR-96-9 IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Beth MacKenzie (the Lessee) against Order No. LD-96-115 of the Director of Residential Property dated June 25, 1996. BEFORE THE COMMISSION on Monday, the 19th day of August, 1996. Linda Webber, Chair Clayton Bulpitt, Commissioner James Nicholson, Commissioner Decision A Notice of Appeal against Order LD96-115 was filed by the Lessee Beth MacKenzie on July 17, 1996. A Notice of Hearing was issued July 29, 1996 setting the date of Thursday, August 8, 1996, at 9:30 a.m. for the hearing. Upon being contacted by Commission staff the Lessee indicated an inability to attend on the scheduled date and a desire for a new date. As a result, the hearing was rescheduled to Monday, August 12, 1996 at 1:30 p.m. On that date no one appeared for the Lessee but Vivian Neal appeared for the Lessor. As a result of no one appearing for the Lessee Appellant the Commission dismissed the appeal. The Lessor requested interest on the money due to her. The Commission has reviewed the Rental of Residential Property Act, R.S.P.E.I., 1988, Cap. R-13.1 and determined that interest is payable only if there is a rental agreement between the parties that contains provision for a monetary penalty for late payment of rent. There is no evidence before the Commission that any such agreement existed between the parties. As a result, interest cannot be awarded. IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Beth MacKenzie (the Lessee) against Order No. LD-96-115 of the Director of Residential Property dated June 25, 1996. Order WHEREAS Beth MacKenzie filed an appeal against a decision of the Director of Residential Rental Property on July 17, 1996; AND WHEREAS the Appellant did not appear at the hearing scheduled for August 12, 1996; NOW THEREFORE for the reasons given in the annexed Decision; IT IS ORDERED THAT 1. The appeal is dismissed; 2. The Order of the Director is affirmed; and 3. The Lessee pay the sum of $575.00 to the Lessor on or before August 26, 1996. DATED at Charlottetown, Prince Edward Island, this 19th day of August, 1996. BY THE COMMISSION: Linda Webber, Chair Clayton Bulpitt, Commissioner James Nicholson, 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.