LD25-431

Tenant application · compensation, abandonment. Outcome: denied. The Tenants’ compensation claim is denied.

Linked prior order: LD25-403

Order text

Order of The Director of Residential Tenancy
Docket 25-758 December 12, 2025
INTRODUCTION
[1] This decision determines an application filed by the Tenants with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act (the “Act”).
[2] The Tenants seek compensation from the Landlord regarding moving and storage of the Tenants’ personal property in a friend’s house because the Tenants did not move into Unit 105.
DISPOSITION
[3] The Tenants’ compensation claim is denied.
BACKGROUND
[4] Unit 105 is located in a 36-unit building (the “Residential Property”) owned by the Landlord.
[5] On August 6, 2025 the parties signed a tenancy agreement for a different rental unit (“Unit 202”) in the Residential Property (the “First Tenancy Agreement”). The term was from August 6, 2025 to August 31, 2025. A $1,900.00 security deposit was paid. Rent in the amount of $2,200.00 was due on the first day of the month.
[6] On August 6, 2025 the parties also signed a fixed-term tenancy agreement from September 1, 2025 to August 31, 2026 for Unit 105 (the “Second Tenancy Agreement”). The security deposit from the First Tenancy Agreement was intended to carry over. Rent in the amount of $1,900.00 was due on the first day of the month.
[7] The Tenants did not move into Unit 105 and continued to stay in Unit 202.
[8] On September 15, 2025 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute with the Rental Office seeking to keep the Tenants’ security deposit (the “Landlord Application”).
[9] On September 22, 2025 the Tenants filed a Form 2(A) Tenant Application to Determine Dispute with the Rental Office for the return of the security deposit and additional compensation for moving and storage (the “Tenant Application”).
[10] On October 28, 2025 the parties had an earlier Rental Office hearing regarding a related tenancy dispute based upon additional applications.
[11] On or about October 31, 2025 the Tenants moved out of Unit 202 and the Residential Property.
[12] On November 12, 2025 the Rental Office sent the parties notice of a teleconference hearing scheduled for January 13, 2026 for the Landlord Application and the Tenant Application.
[13] On November 14, 2025 the earlier Rental Office dispute was determined in Order LD25-403, which stated in part as follows:
“[57] The Landlord will keep the Tenants’ security deposit, including interest to offset the claims, calculated as follows:
Item Amount September 2025 rent balance under the First Tenancy Agreement $200.00 October 2025 rent balance under the First Tenancy Agreement $200.00 September 2025 rent under the Second Tenancy Agreement $1,900.00 Less the security deposit ($1,900.00) Less interest (AUG 6/25 – NOV 14/25) ($13.01)

Total $386.99
[58] The Tenants must pay the Landlord $386.99 by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the Tenants’ security deposit, including interest in the amount of $1,913.01.
2. The Tenants must pay the Landlord $386.99 by December 15, 2025.”
[14] Order LD25-403 determined the Landlord Application and the security deposit claim in the Tenant Application. The remaining claim is the Tenants’ compensation claim regarding moving and storage.
[15] On December 5, 2025 the Rental Office sent the parties notice of a paper-based hearing regarding the remaining claim in the Tenant Application regarding moving and storage compensation. The parties were advised that the evidence package, the Tenants’ nine videos, the October 28, 2025 teleconference hearing recording, and Order LD25-403 from the earlier dispute were part of the evidentiary record for the paper-based hearing. The Tenants are considered participants in this decision because the Tenants participated in the earlier dispute.
[16] The Rental Office also provided the parties with a supplementary evidence package. The Rental Office provided the parties until December 10, 2025 to submit new evidence and written submissions.
[17] On December 5, 2025 the Landlord emailed the Rental Office evidence and submissions.
[18] In the morning of December 10, 2025 the Rental Office emailed the parties a reminder of the timeline in the paper-based notice of hearing. Only the Landlord provided evidence in response to the notice of paper-based hearing.
[19] On December 11, 2025 the Rental Office emailed the parties advising that the only evidence received by the Rental Office in response to the notice of paper-based hearing was the Landlord’s evidence.
[20] On December 12, 2025 I issued this decision.
ISSUE
A. Must the Landlord compensate the Tenants regarding moving and storage of the Tenants’ personal property?
ANALYSIS
[21] I note that in Order LD25-403 Rental Officer Cody Burke made the following determination regarding the condition of Unit 105 (paragraphs [51] and [52]):
“The Tenants’ argue that the other rental unit [Unit 105] was uninhabitable. The parties provided conflicting evidence regarding the condition of the other rental unit. I find that the evidence establishes that as of September 1, 2025 the other rental unit [Unit 105] had some dead cockroaches, spiders, and marks on the walls. There was no Environmental Health inspection or report completed.

I find that the other rental unit [Unit 105] was not reasonably clean as of September 1, 2025, however, I find that there is insufficient evidence to establish that the other rental unit [Unit 105] was uninhabitable.”
[22] The Tenants’ evidence, including the photographs and videos submitted, raises issues with Unit 105’s condition.
[23] The Landlord provided conflicting evidence regarding the Unit. In particular, the Representative provided numerous photographs of Unit 105. The Representative stated that these photographs were taken on September 1, 2025. These photographs show Unit 105 in a clean condition.
[24] Regardless of Unit 105’s condition, I have been provided with insufficient evidence to support the Tenants’ compensation claim.
[25] The Tenant Application indicates that the Tenants stored their personal property at a friend’s house.
The Tenants have provided insufficient evidence that there was a cost incurred with storing their property at a friend’s house. The Tenants did not provide evidence of any commercial moving or storage costs.
[26] The notice of paper-based hearing advised both parties of the opportunity to submit additional evidence and submissions.
[27] I note that the Tenants did not provide evidence or written submission to the Rental Office in response to the notice of paper-based hearing.
[28] I find that the Tenants have provided insufficient evidence regarding their moving and storage compensation claim. As a result, this remaining claim in the Tenant Application is denied.
IT IS THEREFORE ORDERED THAT
1. The Tenants’ personal property moving and storage compensation claim is denied.
DATED at Charlottetown, Prince Edward Island, this 12th day of December, 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.