LD23-409

Tenant application · compensation, utilities. Outcome: denied. A. The Application is denied.

Order text

Orders of the Director of Residential Tenancy Order LD23-409

Docket 23-400 September 1, 2023
Introduction
[1] On May 23, 2023, the Tenant filed a Tenant Application to Determine Dispute (Form 2A) (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application was filed seeking:
Other: Seeking return in the amount of $1350. Due to lack of heat in the building as I believe it was not insulated properly, being over charged on my maritime electric bill for that and I believe I was paying for the other unit or storage unit.
[2] On August 16, 2023, a teleconference hearing was held before a Residential Tenancy Officer (the “Officer”). The Landlord did not call into the hearing and was contacted by the Rental Office. The Landlord stated “he was busy and did not want to give any more time toward this former tenant.” The hearing proceeded in the absence of the Landlord.
Issues to be Decided
i. Is the Tenant entitled to a return of rent?
ii. Is the Tenant entitled to a reimbursement of her electricity bills?
Summary of the Evidence
[3] On June 1, 2022, the Tenant and the Landlord entered into a written, fixed-term rental agreement for the Residential Property. The Residential Property consists of a single unit in a two-unit building (the “Building”). Rent was $1,100.00 per month due on the first day of the month. The Tenant stated electricity was not included in the rent. A security deposit of $1,000.00 was paid. The Tenant vacated the Residential Property on June 1, 2023.
Tenant’s Evidence and Submissions
[4] The Tenant stated there was an error on the Application and she is actually seeking a return of rent for $10,350.00. She stated she is also seeking a return of her electricity bills. She said her electricity bills were very high and she could not enjoy the property because it was too cold. She stated she paid $11,825.00 in rent and has paid $4,663.00 so far on her outstanding electricity bills.
[5] The Tenant stated her electricity bills were low during the first months after she moved in as she did not use much heat. During the winter it was so cold in the property she could not use the downstairs portion of the unit. Her bathroom was 12 or 13 degrees. She contacted the Landlord because she did not think the unit was insulated property but the Landlord did not do anything. The Tenant submitted a video into evidence which she stated shows gaps in her wall and where daylight can be seen through the gaps.
[6] The Tenant stated her electricity bills were very high during the winter. She stated she may have been paying to heat the Landlord’s storage area which was below the Residential Property or paying to heat the unit next to hers. She stated she contacted Maritime Electric about the high bills but they did not help her. The Tenant submitted copies of her Maritime Electric bills into evidence.
She stated the bills show that she was being charged for “two blocks” and thinks that one of the blocks are for a different part of the Building.

Orders of the Director of Residential Tenancy Order LD23-409

Analysis
[7] The Tenant filed an application for a return of rent in the amount of $1,350.00. However, at the hearing the Tenant stated it was a typo and she is actually seeking a return of rent in the amount of $10,350.00 as she was unable to enjoy the use of the Residential Property because it was too cold. The Tenant is also seeking a reimbursement of her electricity bills as she stated she was paying to heat another part of the Building. The Tenant did not provide an amount to be reimbursed with respect to the electricity bills.
Return of rent
[8] Subsection 28.(1) of the Act states:
A landlord shall provide and maintain the residential property in a state of repair that (a) complies with the health, safety and housing standards required by law; and (b) having regard to the age, character and location of the rental unit, makes it suitable for occupation by a tenant.
[9] The Officer notes that after the hearing it was brought to the Officer’s attention that a report from Environmental Health (“E.H.”) had been sent to the parties and the Rental Office on April 20, 2023, which was prior to the date of the Application. The requirements from E.H. stated:
Assessment of the insulation of the unit. Walls and floors to be sealed and insulated to ensure the unit is weatherproof.
Assess the heating equipment in the home to ensure the minimum temperature of 18.3 degrees C (65 degrees F) can be maintained in all areas of the rental unit.
Assessments above to be completed within 20 days of this letter.
Repairs, if necessary, to be started within 45 days of this letter and to be completed no later than 90 days.
[10] After the hearing, the Officer sent a copy of the E.H. letter to the parties for any additional submissions. The Tenant did not provide any additional submissions. The Landlord replied in part:
“She does not live there anymore and we are working on insulating the floor before winter which was said this spring and she stated that was ok. Then proceeded to contact you with problems.” Reimbursement of electricity bills
[11] The Tenant stated that she may have been paying to heat another part of the Building. She stated because her electricity bills show that she was paying for “two blocks” that she must have been paying someone else’s bill as well as her own. The Officer notes that on Maritime Electric’s website it states that in 2023 residential customers pay:
“15.93 cents for the first 2000 kWh per billing period” then “12.68 cents per kWh for balance kWh per billing period.”

Orders of the Director of Residential Tenancy Order LD23-409

[12] The Officer notes that the “two blocks” the Tenant noted on her bills refer to the two different rates charged by Maritime Electric for residential customers. There is no indication on the Tenant’s bills that she was paying electricity for more than one property. Furthermore, the Officer notes that the Tenant has not submitted any independent evidence showing that she was paying to heat another part of the Building.
[13] The Officer notes that in such applications for a return of rent or reimbursement of electricity bills, it is the Tenant’s burden or onus to prove on a balance of probabilities their claim(s). The Officer finds that after reviewing the evidence in its totality that the Tenant has not established, on a balance of probabilities, that the Landlord unlawfully has contravened subsection 28.(1) of the Act or that the Tenant has overpaid her electricity bills. Therefore, the Tenant is not entitled to a return of rent or reimbursement for her electricity bills.
Conclusion
[14] The Application is denied.
IT IS THEREFORE ORDERED THAT
A. The Application is denied.
DATED at Charlottetown, Prince Edward Island, this 1st day of September, 2023.
(sgd.) Mitchell King Mitchell King Residential Tenancy Officer
NOTICE
Right to Appeal
This Order can be appealed to the Island Regulatory and Appeals Commission (the “Commission”) by serving a Notice of Appeal with the Commission and every party to this Order within 20 days of this Order.
If a document is sent electronically after 5:00 p.m., it is considered received the next day that is not a holiday. If a document is sent by mail, it is considered served on the third day after mailing.
Filing with the Court
If no appeal has been made within the noted timelines, this Order can be filed with the Supreme Court of Prince Edward Island and enforced as if it were an order of the Court.