LD25-013

Landlord application · utilities. Outcome: granted. I find that the Tenants owe the Landlord $2,994.01 in rent and utilities.

Order text

Order of The Director of Residential Tenancy
Docket 24-844 January 15, 2025
INTRODUCTION
[1] The Landlord seeks an order requiring the Tenants to pay rent owed and utilities.
DISPOSITION
[2] I find that the Tenants owe the Landlord $2,994.01 in rent and utilities.
BACKGROUND
[3] On March 22, 2024, the Landlord, Tenants, and another tenant (“KB”) entered into a written fixedterm tenancy agreement for the Unit from May 1, 2024, to April 30, 2025. A security deposit of $2,700.00 was paid at the beginning of the tenancy. Rent of $2,700.00 is due on the first day of the month, plus $295.00 for utilities.
[4] On November 19, 2024, the Landlord’s representative (the “Representative”) emailed the Tenants a Form 4 (A) Eviction Notice with an effective date of December 9, 2024 (the “Notice”) for nonpayment of rent for November 2024.
[5] On December 17, 2024, the Representative filed a Form 2 (B) Landlord Application to Determine Dispute with the Residential Tenancy Office (the “Rental Office”) seeking vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is the subject of this decision. The Application also seeks rent owed and utilities, which is the subject of Order LD25-013.
[6] On December 30, 2024, the Rental Office emailed the parties notice of a teleconference hearing scheduled for January 9, 2025.
[7] On January 7, 2025, the Rental Office emailed the parties a 61-page evidence package.
[8] On January 9, 2025, the Representative and the Tenants joined the teleconference hearing to determine the Application. The parties confirmed receipt of the evidence package and that everything they had submitted to the Rental Office was included.
[9] At the beginning of the hearing, the Representative stated that he named three tenants in the Application, but he was removing KB from the Application. The Representative stated that KB vacated the Unit at the end of October 2024, and KB’s tenancy ended by mutual agreement. The Application is therefore amended under clause 80(3)(f) of the Residential Tenancy Act (the “Act”).
ISSUE
A. Do the Tenants owe rent and utilities to the Landlord?
ANALYSIS
[10] The Representative stated on November 1, 2024, the rent owed and utilities was $1,995.66. After the Notice was served, partial rent was paid, and the rent owed, including utilities, at the end of November 2024 was $997.33.
[11] On December 1, 2024, the rent owed was $2,994.00. Partial rent was paid, and the rent owed, plus utilities, at the end of December 2024 was $1,995.67.
[12] In January 2025, the Tenants made another partial rent payment, and as of the date of the hearing, the rent owed, plus utilities, was $2,994.01, including January 2025. A copy of the rental ledger was submitted as evidence.
[13] The Tenants agreed that the amount of rent owing, plus utilities, was $2,994.01.

[14] Based on the evidence presented, I find that the Representative has established that the Tenants owe the Landlord rent and utilities totalling $2,994.01.
[15] The Tenants will pay the Landlord $2,994.01 according to the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Tenants will pay the Landlord $2,994.01 by February 28, 2025.
DATED at Charlottetown, Prince Edward Island, this 15th day of January, 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.