LR21-33

Appeal · other. Outcome: denied. The appeal is denied. The Issue Is there sufficient reason to award the tenant a partial return of rent?

Linked prior order: LD21-267

Order text

Docket LR21030 – Islandvale Inc. v. Vincent Brazil Monday, August 30, 2021 Docket: LR21030
Order: LR21-33
BEFORE THE COMMISSION ON Monday, August 30, 2021.
Panel Chair - Erin T. Mitchell, Commissioner
M. Douglas Clow, Vice-Chair
Hearing Date: Thursday, August 26, 2021
ORDER
IN THE MATTER of an appeal, under section 25 of the Rental of Residential Property Act (the “Act”), filed by Islandvale Inc. against Order LD21-267 issued by the Director of Residential Rental Property, dated July 19, 2021.
Compared and Certified a True Copy
(Sgd.) Susan Jefferson Commission Administrator Corporate Services and Appeals

Orders of The Island Regulatory and Appeals Commission Order LR21-33 – Page 2 Docket LR21030 – Islandvale Inc. v. Vincent Brazil Monday, August 30, 2021 This appeal asks the question of whether the Director erred in allowing a partial claim for return of rent.
BACKGROUND
Islandvale Inc. (“Islandvale”) rented an apartment at 554 Malpeque Road, Charlottetown, PE (the “Premises”), to Vincent Brazil (“Mr. Brazil”). Rent for the apartment was $1,100 per month with rent due on the first day of the month.
On May 20, 2021, Mr. Brazil filed with the Director of Residential Rental Property (the “Director”) an application seeking a return of rent in the amount of $2,541 (the “Form 2”).
He claimed that Islandvale had breached Statutory Condition 6.1 of the Rental of Residential Property Act regarding its obligation to keep the Premises in a good state of repair and fit for habitation during the tenancy.
In Order LD21-267 dated July 19, 2021, the Director allowed the application in part and ordered Islandvale to pay Mr. Brazil the amount of $2,178 on or before August 19, 2021.
Islandvale Inc. appealed.
The Commission heard the appeal on August 26, 2021, by way of telephone conference call. Islandvale was represented by Wendell Huang and Ian Huang. Mr. Brazil appeared on his own behalf.
Disposition
The appeal is denied.
The Issue Is there sufficient reason to award the tenant a partial return of rent?
Analysis
No new evidence was provided by Islandvale which would warrant interfering with the
findings of the Director in Order LD21-267.
The Commission takes note that a return of rent is an extraordinary remedy under the Act.
Given the extended time periods involved and the impact on Mr. Brazil, the Commission finds that a partial return of rent in the amount calculated by the Director was appropriate.
Accordingly, the appeal is denied.

Orders of The Island Regulatory and Appeals Commission Order LR21-33 – Page 3 Docket LR21030 – Islandvale Inc. v. Vincent Brazil Monday, August 30, 2021 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 LD21-267 is confirmed.
DATED at Charlottetown, Prince Edward Island, on Monday, August 30, 2021.
BY THE COMMISSION:
(sgd. Erin T. Mitchell)

Panel Chair - Erin T. Mitchell, Commissioner
(sgd. M. Douglas Clow)

M. Douglas Clow, Vice-Chair
NOTICE
Subsections 26(2), 26(3), 26(4) and 26(5) of the Rental of Residential Property Act provides 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.