LR21-12

Appeal · other. Outcome: dismissed. The appeal is denied. The Issue The Commission will consider whether the Appellant landlord is entitled to retain rent for the entire month of December 2020.

Linked prior order: LD21-073

Order text

Docket LR21008 – Christopher Higgins v. Mike Nantau Thursday, April 22, 2021 Docket: LR21008
Order: LR21-12
BEFORE THE COMMISSION ON Thursday, April 22, 2021.
Panel Chair - Erin T. Mitchell, Commissioner
M. Douglas Clow, Vice-Chair
ORDER
IN THE MATTER of an appeal, under subsections 25(2) and 26(1) of the Rental of Residential Property Act (the “Act”), filed by Christopher Higgins, against Order LD21-073
issued by the Director of Residential Rental
Property and dated March 4, 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 LR21-12 – Page 2 Docket LR21008 – Higgins v. Nantau Thursday, April 22, 2021 This appeal asks the question of whether a landlord must return rent to a tenant.
BACKGROUND
The Appellant, Christopher Higgins (“Mr. Higgins”), rented a room to the Respondent, Mike Nantau (“Mr. Nantau”), located at 3 MacArthur Drive, Charlottetown, PE (the “Premises”).
Mr. Nantau moved into the Premises in late November 2020 and paid rent for the month of December 2020 in the amount of $800. Mr. Nantau vacated the Premises on December 2, 2020.
On December 14, 2020, Mr. Nantau filed with the Office of the Director of Residential Rental Property (the “Director”) an Application for Enforcement of Statutory and Other Conditions of Rental Agreement (the “Form 2”) seeking a return of rent in the amount of $800.
The Director heard the matter on January 29, 2021, and in Order LD21-073 dated March 4, 2021, ordered Mr. Higgins pay Mr. Nantau the sum of $774.19 by March 19, 2021.
Mr. Higgins appealed.
The Commission heard the appeal on April 21, 2021, by way of telephone conference call. Mr. Higgins participated by telephone. Adam MacKay (“Mr. MacKay”) and Jessica MacPherson (“Ms. MacPherson”) represented Mr. Nantau and participated by telephone.
Disposition
The appeal is denied.
The Issue The Commission will consider whether the Appellant landlord is entitled to retain rent for the entire month of December 2020.
Analysis
The parties entered into a written, fixed-term rental agreement for the period December 1, 2020 to December 1, 2021. The Premises consist of a room in a single-family home. The Respondent tenant moved into the Premises on or about December 1, 2020, and moved out on December 2, 2020, after an incident.
Both the Appellant and the Respondent’s representatives testified in considerable detail with respect to the incident.
The Appellant seeks to retain all rent for the month of December 2020 in the amount of $800.

Orders of The Island Regulatory and Appeals Commission Order LR21-12 – Page 3 Docket LR21008 – Higgins v. Nantau Thursday, April 22, 2021 The Commission, having heard the oral evidence of both parties and having reviewed all documentation on file, determines that there is no new evidence to disturb the findings of the Director in Order LD21-073.
Accordingly, the Commission orders the Appellant to pay the sum of $774.19 set out in
Order LD21-073 not later than April 29, 2021.
At the hearing before the Commission, the Appellant stated that he intended to appeal
Order LD21-072, which pertained to the security deposit. The Appellant acknowledged to the Commission that he failed to appeal said Order and that said failure to appeal was his own error.
The Appellant also acknowledged to the Commission that he agrees to return the security deposit with interest to the Respondent as ordered under Order LD21-072. The Commission therefore expects that this amount shall be paid in full not later than April 29,
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 dismissed.
2. Order LD21-073 is confirmed, subject to a revised payment deadline of April
29, 2021.
DATED at Charlottetown, Prince Edward Island, Thursday, April 22, 2021.
BY THE COMMISSION:
(Sgd. Erin T. Mitchell)

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

M. Douglas Clow, Vice-Chair

Orders of The Island Regulatory and Appeals Commission Order LR21-12 – Page 4 Docket LR21008 – Higgins v. Nantau Thursday, April 22, 2021
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.