LD25-430

Application · compensation. Outcome: granted.

Linked prior order: LD22-303

Order text

Order of The Director of Residential Tenancy
Docket 25-611 December 11, 2025
INTRODUCTION
[1] This decision determines an application filed with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act (the “Act”).
[2] The Tenant seeks to use the security deposit as a rent payment and to have the Tenant’s rent payments waived until June 2026 due to a loss of electricity and internet services.
DISPOSITION
[3] I find that the Landlord will pay the Tenant $557.59 for the Tenant’s internet expenses.
[4] The Landlord will reconnect the internet service at the Unit forthwith and notify the Tenant when it has been reconnected, and provide the Tenant with any information necessary to connect to the internet.
[5] The Landlord will compensate the Tenant for any additional internet expenses incurred after November 6, 2025, to the date the Tenant reconnects to the Landlord’s internet network.
[6] The Tenant’s electricity compensation claim is denied.
BACKGROUND
[7] The Unit is a single-family house owned by the Landlord.
[8] On September 3, 2020, the parties entered into a written fixed-term tenancy agreement for the Unit from September 3, 2020, to September 30, 2021. The tenancy agreement then continued as a monthly agreement. Rent of $1,700.00 is due on the first day of the month. The Tenant paid a $1,700.00 security deposit at the beginning of the tenancy.
[9] On October 10, 2025, the Tenant filed an amended Form 2 (A) Tenant Application to Determine Dispute (the “Application”) with the Rental Office seeking to use his security deposit as a rent payment and to have the Tenant’s rent waived until June 2026 due to a loss of electricity and internet services.
[10] On October 17, 2025, the Rental Office sent the parties notice of a teleconference hearing scheduled for November 13, 2025.
[11] On November 3, 2025, the Rental Office sent the parties a 98-page evidence package. Rental Office and Island Regulatory and Appeals Commission Orders LD22-303, LR22-61, LD23-015, LD23-197, LR23-22, and LD23-568 were included as Director’s Evidence.
[12] On November 13, 2025, the Tenant and the Landlord’s representative (the “Representative”) participated in a teleconference hearing. The parties confirmed receipt of the evidence package and stated that all evidence submitted to the Rental Office was included.
[13] After the hearing, the parties submitted additional evidence, which was shared with the other party and added to the record.
ISSUE
A. Has the Tenant established compensation claims against the Landlord?

ANALYSIS
[14] The Tenant stated he is seeking compensation for the loss of internet and electricity services. The Tenant stated that he seeks to use the security deposit as a rent payment and to have the remaining rent waived until June 2026, which is when he plans to move out of the Unit.
[15] The Tenant stated that the compensation request is due to the loss of internet and electricity, the Landlord's harassing behaviour, the Landlord’s attempts to evict him, and the refusal to make repairs at the Unit. The Tenant stated that he also had to attend several rental hearings and hire a lawyer due to the Landlord’s actions.
Internet
[16] The Tenant stated that on July 18, 2025, the Rogers internet service was disconnected at the Unit.
He stated that internet is an included service. On July 19, 2025, the Tenant notified the Landlord that the internet had been disconnected; however, the Tenant stated the Landlord did not respond to the Tenant regarding this issue. The Tenant stated that he had not had any confirmation that the Landlord had reconnected the Rogers internet as of the hearing date.
[17] The Tenant stated that on July 21, 2025, he had Bell internet service installed because the Rogers service had been disconnected, and the Landlord failed to respond to him or reconnect the internet.
The Tenant stated that he paid a $75.00 installation fee and monthly bills. A copy of the Tenant’s internet bills from July to November 2025, totalling $557.59, was submitted as evidence.
[18] The Landlord stated that he has an automatic payment system in place for the Unit’s Rogers internet service. He stated that a technical delay occurred in his bank’s preauthorized debit system, resulting in temporary non-payment of the internet. When he was notified of the banking issue, the Landlord stated that he immediately paid all outstanding charges, covered applicable late fees and interest, and that the internet was then reconnected. A copy of the Landlord’s internet bill payments was submitted as evidence.
[19] Subsection 21(1) of the Act states that:
A landlord shall not terminate or restrict a service or facility if (a) the service or facility is reasonably related to the tenant’s use and enjoyment of the rental unit as living accommodation; or (b) the service or facility is a term of the tenancy agreement.
[20] I find that the Tenant has established that the Landlord has breached subsection 21(1) of the Act by terminating or restricting the internet service at the Unit.
[21] On the Landlord’s August 4, 2025, internet bill, there is a notation showing a “Suspension fee” of $75.00 on July 18, 2025. I find that this supports the Tenant’s evidence that the internet was disconnected on that date. The August bill also shows an overdue payment of $292.22 from the July bill. The total due in August was $456.13.
[22] The Landlord’s September 4, 2025, internet bill shows that $400.00 of the $456.13 balance was paid on August 10, 2025. The September bill also shows that $56.13 remained outstanding from the previous bill, with an additional charge of $72.05 added for September, totalling $128.18.
[23] The Landlord’s October 4, 2025, internet bill shows that the outstanding $128.18 balance from September was still outstanding. An additional charge of $72.67 was added for October, bringing the total to $200.85. No payment is noted on this bill.

[24] The Landlord’s November 4, 2025, internet bill shows that the outstanding balance of $200.85 was paid on October 18, 2025. An additional charge of $70.59 was added for November. The bill includes a notation stating that the $70.59 balance will be charged to the Landlord’s credit card on or after November 18, 2025.
[25] I find that the evidence establishes that on July 19, 2025, the Tenant notified the Landlord that the Rogers internet was disconnected at the Unit the previous day. The evidence also establishes that on October 10, 2025, the Landlord was again notified when the Tenant served the Application on him, and again in a subsequent email from the Tenant to the Landlord on October 12, 2025.
[26] However, I find there is insufficient evidence that the Landlord notified the Tenant that the Rogers internet had been reconnected or that the Landlord was attempting to fix the issue. The parties submitted emails into evidence from after July 19, 2025, in which the parties discussed several matters; however, there is insufficient evidence that the Landlord told the Tenant that the internet
issue was being, or had been, fixed.
[27] I further find that the Landlord’s internet bills and additional documentary evidence is insufficient to establish that the Rogers internet service has been reconnected at the Unit, or, if it has been, the date it was reconnected.
[28] Therefore, I find that the Landlord will compensate the Tenant for the Bell internet installation expense and the Bell internet service expenses incurred from July 21 to November 6, 2025, totalling $557.59.
[29] I further find that the Landlord will reconnect the internet service at the Unit forthwith and notify the Tenant when it has been reconnected, and provide the Tenant with any information necessary to connect to the internet.
[30] I further find that the Landlord will compensate the Tenant for any additional internet expenses incurred after November 6, 2025, to the date the Tenant reconnects to the Landlord’s internet network.
[31] I find that the Tenant has not established that using the security deposit as a rent payment and waiving rent payments until June 2026 is an appropriate remedy in this case.
Electricity
[32] The Tenant stated that the parties had an oral agreement that the Tenant would be required to pay only $300.00 of the Unit's electricity costs, with the Landlord paying the remaining costs. The Tenant stated that the Landlord had been sending the Tenant a copy of the electricity bills, and the Tenant would pay the Landlord the Tenant’s portion. He stated this has been the procedure since
2020.
[33] The Tenant stated that the Landlord stopped paying the electricity bills around March 2025 and stopped sending the Tenant the bills after June 10, 2025. The Tenant stated he had notified the Landlord about the electricity bills.
[34] The Tenant stated that the Unit’s electricity was disconnected on October 9, 2025, and he notified the Landlord. The Tenant stated he contacted the Rental Office and, with the Director’s assistance, the Unit’s electricity was reinstated on October 10, 2025. The Tenant stated he was able to have the electricity put in his own name after paying a $300.00 refundable deposit.
[35] The Representative stated that the Landlord was experiencing financial challenges and, as a result, was unable to continue paying the electricity bills as previously arranged. The Representative stated the Landlord notified the Tenant in April 2025 that the Tenant had to pay the electricity bill “directly at the counter.” He stated the Tenant raised no objections or alternative proposals.

[36] The Representative stated that it was the Tenant’s fault that the Tenant did not pay the electricity bills directly or put the electricity in his own name until October 2025. He stated that the Tenant, as the sole user of electricity, is responsible for monitoring the account, making timely payments, and preventing interruptions. The Representative stated the Landlord fulfilled his duty to inform the Tenant and did not contribute to the outage in any way.
[37] I find that the Tenant has not established that the Landlord breached subsection 21(1) of the Act, by terminating or restricting the electricity service.
[38] In this case, instead of paying the Landlord, the Landlord only requested that the Tenant pay the electricity company directly. I note that electricity is not an included service, and the tenancy agreement contains no terms stating that the Tenant must pay the Landlord directly for electricity.
[39] In the Tenant’s evidence, there is a message dated May 25, 2025, in which the Landlord stated to the Tenant, “please go to the electric company to pay your bill downtown.” I am satisfied that the Landlord provided the Tenant with sufficient notice (May 25, 2025) that the Tenant was required to make the electricity payments directly to the electricity company, before the electricity was eventually disconnected.
[40] I find that there is insufficient evidence of the steps that the Tenant took to mitigate this issue, such as attempting to pay the bills directly or attempting to put the electricity in his name, before the power was disconnected on October 9, 2025.
[41] Furthermore, the evidence establishes that the electricity was only disconnected for one day between October 9 and 10, 2025. I find that the interruption in electricity service was minimal. This claim is denied.
IT IS THEREFORE ORDERED THAT
1. The Landlord will pay the Tenant $557.59 by January 12, 2026.
2. The Landlord will reconnect the internet service at the Unit forthwith and notify the Tenant when it has been reconnected, and provide the Tenant with any information necessary to connect to the internet.
3. The Landlord will compensate the Tenant for any additional internet expenses incurred after November 6, 2025, to the date the Tenant reconnects to the Landlord’s internet network.
DATED at Charlottetown, Prince Edward Island, this 11th day of December, 2025.
(sgd.) Mitch King Mitch 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.