LR21-29

Appeal · eviction. Outcome: denied. The appeal is denied. The Issue Did the Director correctly determine that the Form 4 was valid?

Linked prior order: LD21-287

Order text

Docket LR21033 – John Wilson v. A & M Rentals August 24, 2021 Docket: LR21033
Order: LR21-29
BEFORE THE COMMISSION ON Tuesday, August 24, 2021.
Panel Chair - Erin T. Mitchell, Commissioner
M. Douglas Clow, Vice-Chair
Hearing Date: Monday, August 23, 2021
ORDER
IN THE MATTER of an appeal, under section 25 of the Rental of Residential Property Act (the “Act”), filed by John Wilson, against Order LD21-287 issued by the Director of Residential Rental Property and dated August 2, 2021.
Compared and Certified a True Copy
(Sgd.) Susan Jefferson Commission Administrator Corporate Services and Appeals

Orders of The Island Regulatory and Appeals Commission Order LR21-29 – Page 2 Docket LR21033 – John Wilson v. A & M Rentals August 24, 2021 This appeal asks the Commission to determine whether the Director erred in finding that an eviction notice was valid.
BACKGROUND
A & M Rentals (“A & M”) rented premises located at 8 Oaktree Crescent, Apartment #5, Charlottetown, PE (the “Premises”), to John Wilson (“Mr. Wilson”) commencing March 22,
2021. Rent for the premises is $950 per month and is due and payable on the first day of the month.
On July 2, 2021, a representative of A & M, Joe Gallant (“Mr. Gallant”) served a Notice of Termination by Lessor of Rental Agreement (“Form 4”) to Mr. Wilson citing failure to pay July 2021 rent. The effective date of the Form 4 was July 22, 2021.
On July 26, 2021, A & M 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 an Order for possession of the Premises.
In Order LD21-287 dated August 2, 2021, the Director ordered that the Form 4 was valid, and that the rental agreement be terminated effective 1:00 p.m., August 6, 2021.
Mr. Wilson appealed.
The Commission heard the appeal on August 23, 2021. Mr. Wilson and Mr. Gallant participated by way of telephone conference call.
Disposition
The appeal is denied.
The Issue Did the Director correctly determine that the Form 4 was valid?
Analysis
There is no evidence before the Commission that Mr. Wilson filed a Form 6 application to set aside the Form 4. There is no evidence that Mr. Wilson ever paid the rent owing for the month of July 2021.
There was no new evidence presented on appeal to warrant interference with the findings of the Director.
Accordingly, the Commission agrees with the Director that the Form 4 was valid, and finds that the Director was correct in issuing Order LD21-287.

Orders of The Island Regulatory and Appeals Commission Order LR21-29 – Page 3 Docket LR21033 – John Wilson v. A & M Rentals August 24, 2021 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 LD21-287 is confirmed.
DATED at Charlottetown, Prince Edward Island, the 24th day of August, 2021.
BY THE COMMISSION:
(sgd. Erin T. Mitchell)

Panel Chair - Erin T. Mitchell, Commissioner
(sgd. M. Douglas Clow)

M. Douglas Clow, Vice-Chair
NOTICE
Subsections 26(2), 26(3), 26(4) and 26(5) of the Rental of Residential Property Act provides 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.