LD25-051

Application · other. Outcome: granted. I find that the Subtenant must pay the Tenant the rent claimed.

Order text

Orders of the Director of Residential Tenancy
Docket 24-593 February 14, 2025
INTRODUCTION
[1] The Tenant claims against the Subtenant for August 2024 rent in the amount of $1,100.00.
DISPOSITION
[2] I find that the Subtenant must pay the Tenant the rent claimed.
BACKGROUND
[3] The parties entered into a written subletting agreement for the Unit for the period of July 30, 2024 to April 30, 2025. The Subtenant moved into the Unit early. The Subtenant paid a security deposit which was returned by the Tenant. Rent of $1,100.00 was due on the first day of the month.
[4] On August 2, 2024 the Tenant served the Subtenant with a Form 4(A) Eviction Notice with an effective date of August 31, 2024 (the “Notice”).
[5] The Subtenant vacated the Unit by August 31, 2024.
[6] On September 12, 2024 the Tenant filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Residential Tenancy Office (the “Rental Office”) seeking rent owing.
[7] On September 25, 2024 the Rental Office emailed the parties notice of a teleconference hearing scheduled for October 17, 2024.
[8] On October 15, 2024 the Rental Office emailed the parties a 54-page evidence package (the “Evidence Package”).
[9] On October 17, 2024 both parties failed to attend the scheduled teleconference hearing.
[10] On November 13, 2024 the Rental Office emailed the parties notice of a teleconference hearing rescheduled for November 21, 2024.
[11] On November 21, 2024 the parties joined the teleconference hearing. The hearing was adjourned at the request of the Subtenant due to a medical matter.
[12] On November 26, 2024 the Rental Office emailed the parties notice of a rescheduled teleconference hearing, however, this hearing was adjourned.
[13] On November 28, 2024 the Rental Office emailed the parties notice of a teleconference hearing rescheduled for December 3, 2024.
[14] On December 3, 2024 both parties failed to attend the scheduled teleconference hearing.
[15] On January 9, 2025 the Rental Office emailed the parties notice of a paper based hearing with a response deadline of January 29, 2025.
[16] I have reviewed the evidence submitted and prepared this Order.
ISSUE
A. Does the Subtenant owe August 2024 rent to the Tenant?

Orders of the Director of Residential Tenancy

ANALYSIS
[17] The Tenant’s evidence establishes that the Subtenant occupied the Unit during August 2024 but did not pay the rent due, in the amount of $1,100.00. The Tenant provided sufficient documentary evidence supporting this rent owing claim.
[18] The Subtenant will pay the Tenant $1,100.00 for August 2024 rent by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Subtenant will pay the Tenant the amount of $1,100.00 by March 14, 2025.
DATED at Charlottetown, Prince Edward Island, this 14th day of February, 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.