LD23-432

Tenant application · rent increase, disturbance. Outcome: partial. A. The Landlord shall credit the Tenant rent for October 2023 in the amount of $40.00.

Order text

Orders of the Director of Residential Tenancy Order LD23-432

Docket 23-567, 23-580, 23-581 September 14, 2023
Introduction
[1] On July 31, 2023, the Tenant filed a Tenant Application to Determine Dispute (Form 2A) (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application was filed seeking:
To request a return of rent due to an unlawful rent increase; and To request a determination that my landlord contravened my right to quiet enjoyment, entered the rental unit unlawfully, prohibited and/or restricted access to the rental unit, changed the locks or failed to secure the rental unit, failed to repair or maintain the rental unit, or any other material term of the tenancy agreement.
[2] The Particulars of the Application stated:
“Collecting the rent before the date for various reasons, such as collecting the rent for May in April simultaneously according to the issued receipt.
Refusing to repair appliances such as repairing electrical sockets and installing balcony window nets from the beginning of the rent.
Unauthorized entry (without permission against previous agreement) and scaring my child.
Taking rents that are in excess of the law under the pretext of high electricity prices, littering neighbors, or like taking an extra 40$ in September that she promised to pay in October according to the receipts issued.
Psychological harassment: creating all kinds of phycological disturbance for eviction such as not paying the rent bill for the month of June.”
[3] On September 5, 2023, a teleconference hearing was held before a Residential Tenancy Officer (the “Officer”). The Tenant, the Tenant’s translator, and the Representative participated.
Issues to be Decided
i. Is the Tenant entitled to a return of rent due to an unlawful rent increase?
ii. Did the Landlord contravene the Tenant’s right to quiet enjoyment and/or enter the Residential Property unlawfully?
Summary of the Evidence
[4] On November 1, 2020, the Tenant and the Landlord entered into a written, fixed-term tenancy agreement for the Residential Property. The Residential Property consists of a single apartment in a 12-unit building. Rent is $1,160.00 per month due on the first day of the month. A security deposit of $1,100.00 was paid.
Tenant’s Evidence and Submissions
[5] The Tenant stated utilities should be included in the rental agreement. He stated the Landlord has been charging him an extra $20.00 per month for heat. The Landlord submitted copies of receipts into evidence which he stated shows the Landlord has overcharged him $40.00. The Tenant stated the Landlord attended his apartment when he was not home and scared his son.

Orders of the Director of Residential Tenancy Order LD23-432

Docket 23-567, 23-580, 23-581 September 14, 2023 Landlord’s Evidence and Submissions
[6] The Representative stated she has offered for the Tenant to attend her office to speak about any
issues that he has. She stated that the Tenant submitted an application for a rental hearing instead of coming to speak to her directly. She stated the Tenant always pays different amounts for his rent so that is why some receipts may be different than other receipts. The Representative stated the Landlord does not owe the Tenant any money but she stated she is willing to reimburse the Tenant an additional $40.00 to have this matter dealt with.
Analysis
[7] The Officer notes the Tenant did not address all of the issues as outlined in the Application and the Tenant only submitted testimony and evidence regarding an overpayment of rent and a breach of quiet enjoyment / unlawful entry. The Officer further notes that the Tenant submitted two emails to the Rental Office after the hearing which the Officer has declined to accept as late evidence.
Unlawful rent increase
[8] The Tenant stated the Landlord charged him an extra $40.00 in rent for September 2023. He stated the Representative told him it would be returned to him in October 2023. The Tenant stated the extra $40.00 was not returned or credited to him.
[9] The Tenant submitted a copy of a rent receipt for September 2023 in the amount of $1,200.00.
The receipt had a notation which stated “$40 left to the tenant for Oct. rent”. The Tenant also submitted a copy of a rent receipt for October 2023 in the amount of $1,160.00. The Officer notes that the Representative was unable to sufficiently explain the discrepancy in the amounts on the rental receipts.
[10] Subsection 50.(8) of the Act states:
Tenant may recover unlawful increase Where a landlord collects a rent increase that does not comply with this Part, the tenant may make an application to the Director under section 75 to recover the amount of the increase.
[11] The Officer finds that the Tenant has established that he is entitled to recover an unlawful rent increase in the amount of $40.00 pursuant to subsection 50.(8) of the Act. This part of the Application is allowed.
Quiet Enjoyment / Unlawful Entry
[12] The Tenant stated the Landlord entered the Residential Property without his permission while he was not home and scared his child. The Representative did not address this matter. The Officer notes that in such matters where a tenant alleges that a landlord contravened or breached the Act or the tenancy agreement, it is the tenant’s burden, or onus to prove, on a balance of probabilities, any and all claims.

Orders of the Director of Residential Tenancy Order LD23-432

Docket 23-567, 23-580, 23-581 September 14, 2023
[13] Section 22 of the Act states:
Tenant’s right to quiet enjoyment A tenant is entitled to quiet enjoyment of the rental unit including, but not limited to, the right to, (a) reasonable privacy;
(b) freedom from unreasonable disturbance;
(c) exclusive possession of the rental unit, subject only to the landlord’s right to enter the rental unit in accordance with section 23; and (d) use of common areas for reasonable and lawful purposes, free from significant interference.
23. Landlord’s right to enter rental unit restricted
A landlord shall not enter a rental unit that is subject to a tenancy agreement for any purpose unless one of the following applies:
(b) the landlord provides written notice to the tenant at least 24 hours before the time of entry and the purpose of the entry is to (i) carry out an inspection of the rental unit, if (A) the inspection is for the purpose of determining whether the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under this Act, and (B) it is reasonable to carry out the inspection.
59. Application respecting contravention
Where a landlord contravenes the obligations set out in sections 22 to 24 and 26 to 29, a material term of the tenancy agreement or a statutory condition set out in Part 2, the tenant may make an application to the Director under section 75 for an order as specified under subsection 85(1).
[14] The Landlord did not provide any documentary or witness evidence with regards to this portion of the Application. The Officer finds that the Tenant has not provided sufficient evidence to establish that the Landlord has contravened sections 22 or 23 of the Act by breaching the Tenant’s right to quiet enjoyment or entering the Residential Property unlawfully. Therefore, this part of the Application is denied.
Conclusion
[15] The Application is allowed in part.
[16] The Landlord shall credit the Tenant rent for October 2023 in the amount of $40.00.

Orders of the Director of Residential Tenancy Order LD23-432

Docket 23-567, 23-580, 23-581 September 14, 2023
IT IS THEREFORE ORDERED THAT
A. The Landlord shall credit the Tenant rent for October 2023 in the amount of $40.00.
DATED at Charlottetown, Prince Edward Island, this 14th day of September, 2023.
(sgd.) Mitchell King Mitchell King 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.