LD25-291

Landlord application · compensation, rent arrears. Outcome: granted. The Tenants’ compensation claims are denied. [4] The Tenants will pay the Landlord rent owing in the amount of $2,351.61 by the timeline below.

Linked prior order: LD25-290

Order text

Order of The Director of Residential Tenancy
Dockets 25-589 & 25-595 August 11, 2025
INTRODUCTION
[1] This decision determines two applications filed with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act (the “Act”).
[2] The Tenants seek compensation from the Landlord in the amount of $2,700.00. The Landlord seeks rent owing from the Tenants, which amounts to $2,351.61.
DISPOSITION
[3] The Tenants’ compensation claims are denied.
[4] The Tenants will pay the Landlord rent owing in the amount of $2,351.61 by the timeline below.
BACKGROUND
[5] The Unit is a one-bedroom, one-bathroom rental unit that the Landlord has owned for 13 or 14 years. The Landlord’s spouse also owns the Unit.
[6] The Landlord and the Tenants entered into a written, month-to-month tenancy agreement (the “Tenancy Agreement”) that started on May 26, 2025. Rent of $1,350.00 was due each month. A security deposit of $500.00 was required but not paid.
[7] On July 1, 2025 the Landlord served the Tenants with a Form 4(A) Eviction Notice with an effective date of July 20, 2025 (the “Notice”) for non-payment of rent and the security deposit.
[8] I note that the correct vacate date for non-payment of rent was July 21, 2025 under subsection 60(1) of the Act. This date is automatically corrected under section 54.
[9] On July 3, 2025 the Tenants filed a Form 2(A) Tenant Application to Determine Dispute with the Rental Office disputing the Notice and making other claims.
[10] On July 24, 2025 the Rental Office sent the parties notice of a teleconference hearing scheduled for August 7, 2025.
[11] On July 24, 2025 the Tenants amended their application.
[12] On July 28, 2025 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute with the Rental Office (the “Landlord Application”) requesting the Tenants to vacate the Unit and for Sheriff Services to put the Landlord in possession, which is determined in Order LD25-290. The Landlord Application also seeks rent owing, which is determined in this decision.
[13] On July 29, 2025 the Rental Office sent the parties an updated notice of a teleconference hearing.
[14] On July 31, 2025 the Tenants amended their application again (the “Tenant Application”). The Tenants’ claim disputing the Notice is determined in Order LD25-290. The Tenants’ other claims are determined in this decision.
[15] On July 31, 2025 the Rental Office sent the parties a second updated notice of a teleconference hearing and a 46-page evidence package.
[16] On August 7, 2025 one of the Tenants, the Landlord and the Landlord’s representative participated in a teleconference hearing for determination of the Tenant Application and the Landlord Application. The parties confirmed that all evidence submitted to the Rental Office was included in the evidence package.

ISSUES
A. Have the Tenants established compensation claims against the Landlord?
B. Do the Tenants owe rent to the Landlord?
ANALYSIS
A. Have the Tenants established compensation claims against the Landlord?
[17] Upon a review of the evidence, I find that the Tenants have not established compensation claims against the Landlord.
[18] The Tenants claimed against the Landlord regarding earwigs in the Unit.
[19] The parties did not provide evidence from the Department of Environmental Health regarding any inspection of the Unit during the tenancy.
[20] I note that Environmental Health has authority to inspect residential rental properties and issue reports under the Public Health Act Rental Accommodation Regulations.
[21] Environmental Health reports normally make observations on the condition of a rental unit. These reports also provide required and recommended steps and a timeline for addressing any problems.
Environmental Health inspectors are subject matter experts that can provide relevant written opinion evidence on whether a rental unit is properly maintained.
[22] In this case I do not have the benefit of an Environmental Health report to consider the Tenants’ compensation claims.
[23] The Tenants did not provide evidence from a third party, such as a pest control contractor, regarding the condition of the Unit.
[24] There is limited evidence regarding the Tenants advising the Landlord, or any representative of the Landlord, regarding complaints of pests in the Unit.
[25] I find that the Tenants have provided insufficient evidence regarding their compensation claim based upon earwigs in the Unit.
[26] I also find that insufficient evidence has been presented to support a compensation claim regarding the Landlord, or any representative of the Landlord, improperly accessing the Unit or other behaviour towards the Tenants.
[27] A significant amount of the parties’ testimony was highly conflicting with the other party and limited objective evidence was provided to support the testimony.
[28] I also note that not every single breach of the Act or the Tenancy Agreement will support a claim for financial compensation. This applies to both parties, whose evidence alleges that the other party engaged in breaches of the Act and the Tenancy Agreement.
[29] I find that there is insufficient evidence to support the financial claims in the Tenant Application.
[30] I note that the rules for accessing a rental unit are stated in section 23 of the Act and the parties should ensure they are familiar with these rules.

B. Do the Tenants owe rent to the Landlord?
[31] The evidence establishes that the Tenants did not pay rent from June 27, 2025 to July 26, 2025, in the amount of $1,350.00.
[32] In Order LD25-290 the Tenancy Agreement is terminated effective 5:00 p.m. on August 18, 2025.
As a result, the Tenants must also pay rent for the period of July 27, 2025 to August 18, 2025 in the amount of $1,001.61 (23 days divided by 31 days multiplied by $1,350.00).
[33] The Tenants owe rent to the Landlord in the amount of $2,351.61, which must be paid by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Tenants will pay the Landlord rent owing in the amount of $2,351.61 by September 11, 2025.
DATED at Charlottetown, Prince Edward Island, this 11th day of August, 2025.
(sgd.) Andrew Cudmore Andrew Cudmore 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.