LR22-10

Landlord appeal · eviction. Outcome: denied. The appeal is denied and Director’s Order LD22-038 is confirmed. The Issue Did the Director correctly determine that the Form 4 was invalid?

Linked prior order: LD22-038

Order text

Docket LR22009 – Xixiu Shi v. Meagan Burns Tuesday, March 1, 2022 Docket: LR22009
Order: LR22-10
BEFORE THE COMMISSION ON Tuesday, March 1, 2022 Panel Chair - Erin T. Mitchell, Commissioner
M. Douglas Clow, Vice-Chair
Hearing Date: Monday, February 28, 2022
ORDER
IN THE MATTER of an appeal, under section 25 of the Rental of Residential Property Act (the “Act”), filed by Xixiu Shi against Order LD22-038
issued by the Director of Residential Rental
Property and dated February 11, 2022.
Compared and Certified a True Copy
(Sgd.) Susan Jefferson Commission Administrator Corporate Services and Appeals

Orders of The Island Regulatory and Appeals Commission Order LR22-10 - Page 2 Docket LR22009 – Xixiu Shi v. Meagan Burns Tuesday, March 1, 2022 This appeal asks the Commission to determine whether the Director of Residential Rental Property (the “Director”) erred in finding that an eviction notice was invalid.
BACKGROUND
Xixiu Shi (“the Landlord”) rents a townhouse located at 204 Stratford Road, Stratford, PE (the “Premises”), to Meagan Burns (the “Tenant”). The Tenant has lived in the Premises for approximately six years. Rent for the Premises is $925 per month.
On January 2, 2022, the Landlord served a Notice of Termination by Lessor of Rental Agreement (“Form 4”) on the Tenant, citing that she wants possession of the Premises for her children pursuant to clause 15(1)(a) of the Act.
On January 11, 2022, the Tenant filed with the Director an Application by Lessee to Set Aside Notice of Termination.
In Order LD22-038 dated February 11, 2022, the Director ordered that the Form 4 was invalid and that the rental agreement continues to be in full force and effect.
The Landlord appealed.
The Commission heard the appeal on February 28, 2022, by way of telephone conference call. The Landlord participated with the assistance of her daughter Amy Liu. The Tenant also participated.
Disposition
The appeal is denied and Director’s Order LD22-038 is confirmed.
The Issue Did the Director correctly determine that the Form 4 was invalid?
Analysis
Subsection 15(1) of the Act reads:
15. Personal use, renovations, etc.
(1) Where the lessor in good faith seeks to (a) have possession of the premises for occupation by himself, his spouse, children or parents, or the parents of his spouse;
(b) convert the premises to a use other than residential use;
(c) renovate the premises where the nature of the renovations is advised to the lessee and are such that the renovations cannot be carried out while the lessee occupies the premises;
(d) demolish the premises, the lessor may serve the lessee with a notice of termination to be effective not less than two months after it is served.
[Emphasis added]

Orders of The Island Regulatory and Appeals Commission Order LR22-10 - Page 3 Docket LR22009 – Xixiu Shi v. Meagan Burns Tuesday, March 1, 2022 Having reviewed the exhibits and the testimony of the parties, the Commission finds that there is no basis to warrant disturbing the findings of the Director in Order LD22-038. The Commission confirms that the rental agreement continues to be in full force and effect.
The Commission notes that the evidence on appeal suggested that the Landlord may have imposed the repayment of water and sewer bills on the Tenant without first seeking approval from the Director. The Tenant and the Director may wish to consider whether further inquiry into the rent being charged for the Premises is warranted.
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 LD22-038 is confirmed.
DATED at Charlottetown, Prince Edward Island, the 1st day of March, 2022.
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.