LR05-10

Appeal · other. Outcome: denied.

Linked prior order: LD05-267

Order text

Order LR05-10 - Rental Appeal - LR05014 Re: Myrna Ellsworth v. Director of Residential Rental Property (Order LD05-10) Docket LR05014 Order LR05-10 IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Myrna Ellsworth against Order No. LD05-267 dated October 7, 2005. BEFORE THE COMMISSION on Monday, the 31st day of October, 2005. Weston Rose, Commissioner Kathy Kennedy, Commissioner Anne Petley, Commissioner Order Participants 1. Appellant: Myrna Ellsworth 2. Respondent: Gateway Cooperative Ltd. Represented by: Dan Murray, Agent Reasons for Order 1. Introduction Myrna Ellsworth (the Appellant) appealed Order LD05-267 (Exhibit E-4) issued by the Office of the Director of Residential Rental Property (the Director) on October 7, 2005. The Appellant's Notice of Appeal (Exhibit E-5) was received by the Island Regulatory and Appeals Commission (the Commission) on October 12, 2005. The Director's Order and the present appeal concern apartment #103 located at 21 Great George Street, Charlottetown (the Apartment). The appeal was heard in the Commission's main hearing room in Charlottetown, Prince Edward Island on Friday October 28, 2005. 2. Background The parties entered into a written month to month rental agreement for the apartment with a subsidized monthly rent of $240.00 commencing November 1, 2002. Gateway Cooperative Ltd. (the Respondent) through its agent terminated the rental agreement with the Appellant by filing a Notice of Termination by Lessor of Rental Agreement (Form 4) dated June 8, 2005 with an effective date of June 28, 2005. On September 23, 2005, the Respondent filed an Application For Enforcement of Statutory or Other Conditions of Rental Agreement (Form 2) pursuant to section 8(d.3) of the Rental of Residential Property Act (the Act ). The Director held a hearing on October 5, 2005 pursuant to section 4(2)(d) of the Act . On October 7, 2005 the Director, in Order LD05-267, ordered that possession of the apartment be surrendered to the Respondent and the sheriff was directed to put the Respondent in possession of the apartment at 12:00 p.m., Saturday October 15, 2005. 3. Decision The appeal is denied for the reasons that follow. At the hearing of this appeal, the Appellant outlined to the Commission the various financial difficulties she has. The Appellant recognizes that she owes the Respondent money, but she stated that she does not have the ability to pay the money owed and she wishes to enter into a payment plan in order to stay in the apartment. While the Commission is sympathetic to the Appellant's financial situation, the Act does not give the Commission the authority to reduce or eliminate the rent owed by the Appellant to the Respondent by reason of financial hardship. Upon a review of the Director's Order, the Commission is satisfied that the Director followed the requirements of the Act . The Appellant is presently $1,439.40 in arrears, as evidenced by Exhibit E-8. It is noteworthy that the Appellant has been in arrears since at least December 2004. Accordingly, the Commission hereby denies the appeal and confirms the determination of the Director that the Appellant must vacate the apartment. The Commission hereby orders that possession of the apartment is to be surrendered to the Respondent and the sheriff is directed to put the Respondent in possession of the apartment at 12:00 p.m. on Friday, November 4, 2005. Order WHEREAS Myrna Ellsworth (the Appellant) appeals against Order LD05-267 of the Director of Residential Rental Property, dated October 7, 2005; AND WHEREAS the Commission heard the appeal in Charlottetown on October 28, 2005; NOW THEREFORE , for the reasons given in the annexed Reasons for Order; IT IS ORDERED THAT The appeal is denied. Possession of Apartment #103 situate at 21 Great George Street, Charlottetown, Prince Edward Island, be surrendered to the Respondent Gateway Cooperative Ltd. and the sheriff is directed to put the Respondent in possession of the residential premises at 12:00 p.m. on Friday, November 4, 2005. DATED at Charlottetown, Prince Edward Island, this 31st day of October, 2005. BY THE COMMISSION : Weston Rose, Commissioner Kathy Kennedy, Commissioner Anne Petley, 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.