LD23-561

Tenant application · eviction. Outcome: granted.

Order text

Orders of the Director of Residential Tenancy
Docket 23-830 November 30, 2023
Introduction
[1] On November 10, 2023 the Tenant filed a Tenant Application to Determine Dispute (Form 2(A)) (the “Application”) with the Residential Tenancy Office (the “Rental Office”).
[2] Attached to the Application was an Eviction Notice (Form 4(A)) (the “Notice”) dated November 1, 2023 served to the Tenant for behaviour. The Tenant filed the Application to dispute the Notice.
[3] On November 17, 2023 notice of a hearing scheduled for 11:00 a.m. on November 28, 2023 was mailed and emailed to the parties.
[4] On November 27, 2023 an evidence package was emailed to the parties.
[5] On November 28, 2023 a teleconference hearing was scheduled for determination of the Application. The hearing was adjourned to November 30, 2023 and both parties participated in the adjourned hearing.
Issue to be Decided
i. Does the Tenant and all occupants have to vacate the Rental Unit?
Settlement and Conclusion
[6] At the beginning of the adjourned hearing the parties reached a settlement of the Application on the following terms:
 The tenancy between the parties shall terminate effective 1:00 p.m. on Monday, December 11,
2023. The Tenant and all occupants must vacate the Rental Unit by this time and date.
 A certified copy of this Order may be filed in the Supreme Court and enforced by Sheriff Services as permitted by the Act.
 The Tenant agrees to abide by the terms of the Aspire Contract and the Second Stage Tenant Guidelines.
[7] The settlement of the party is ordered below.
IT IS THEREFORE ORDERED THAT
1. The tenancy between the parties shall terminate effective 1:00 p.m. on Monday, December 11,
2023. The Tenant and all occupants must vacate the Rental Unit by this time and date.
2. A certified copy of this Order may be filed in the Supreme Court and enforced by Sheriff Services as permitted by the Act.
3. The Tenant agrees to abide by the terms of the Aspire Contract and the Second Stage Tenant Guidelines.
DATED at Charlottetown, Prince Edward Island, this 30th day of November, 2023.
(sgd.) Andrew Cudmore Andrew Cudmore Residential Tenancy Officer

Orders of the Director of Residential Tenancy

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 7 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.