LR14-12

Appeal · eviction. Outcome: denied.

Linked prior order: LD14-115

Order text

Order LR14-12 - Rental Appeal - Docket LR14010 - Anthony Doyle and Anjelica Kamanos v Director of Residential Rental Property Docket LR14010 Order LR14-12 IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act (the Act ) made by Anthony Doyle and Anjelica Kamanos against Order LD14-115 dated April 14, 2014 issued by the Director of Residential Rental Property. BEFORE THE COMMISSION on Monday, the 28th day of April, 2014. John Broderick, Commissioner J. Scott MacKenzie, Chair M. Douglas Clow, Vice-Chair Order BACKGROUND On April 16, 2014 the Commission received a Notice of Appeal dated the same date signed by two lessees, Anthony Doyle and Angelica Kamanos (the "Appellants") requesting an appeal of Order LD14-115 dated April 14, 2014 issued by the Director of Residential Rental Property (the Director). By way of background, on April 3, 2014 a lessor, Capreit Limited Partnership (the "Respondent"), filed with the Director a Form 2 - Application for Enforcement of Statutory or Other Conditions of Rental Agreement dated April 3, 2014 to which was attached a Form 4 - Notice of Termination by Lessor of Rental Agreement dated March 10, 2014. The matter was heard by the Director on April 14, 2014 and in Order LD14-115 the Director ordered: "IT IS THEREFORE ORDERED THAT Possession of the residential premises be surrendered to the lessor, and the Sheriff is directed to put the lessor in possession of the residential premises at 11:00 A.M., Thursday, April 17, 2014." The matter was heard before the Commission on April 25, 2014. The Appellants were present. The Respondent was represented by Julie Hennessey and Jill Hobb. EVIDENCE The Appellants acknowledged that they have significant rental arrears. They were hoping to pay the arrears with funds that have not materialized to date. They intend to move out of the residential premises at the end of April 2014. The Respondent's representatives told the Commission that they want to have immediate possession of the rental premises so they can prepare the unit for new tenants for May 1, 2014. They advised that they have not received any rent payments since the Appellants moved in on November 28, 2013. Exhibit E-10 indicates that the Appellants owe the Respondent the sum of $2,460.00 for unpaid rent. DECISION The Commission denies the appeal. The Appellants owe the Respondent a large sum for unpaid rent. They have been living in the residential premises for almost five months and, other than paying a security deposit of $307.50 when they first moved in, they have paid no rent. The Commission agrees with the Director that possession of the residential premises is to be surrendered to the Respondent. Given the amount of rent owing, possession of the premises should be surrendered to the Respondent without any further delay. 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 LD14-115 is confirmed in its entirety. 3. Possession of the residential premises located at 131 Norwood Road, Apartment #11, Charlottetown, PE shall be immediately surrendered to the Respondent (lessor) Capreit Limited Partnership, and the Sheriff is hereby directed to put the Respondent in possession of the residential premises at the earliest possible opportunity. DATED at Charlottetown, Prince Edward Island, the 28th day of April 2014. BY THE COMMISSION : John Broderick, Commissioner J. Scott MacKenzie, Chair M. Douglas Clow, Vice-Chair 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. NOTICE: IRAC File Retention In accordance with the Commission's Records Retention and Disposition Schedule, the material contained in the official file regarding this matter will be retained by the Commission for a period of 2 years.