LD26-005

Tenant application · compensation. Outcome: outcome pending review. The Tenant has established a valid claim in part. The Tenant will offset $300.00 against future rent.

Linked prior order: LD26-004

Order text

Order of The Director of Residential Tenancy
Docket 25-999 January 07, 2026
INTRODUCTION
[1] This decision determines an application filed by the Tenant with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act, cap. R-13.11 (the “Act”).
[2] The Tenant is seeking compensation in the amount of $500.00 for services that were not provided under the tenancy agreement.
DISPOSITION
[3] The Tenant has established a valid claim in part. The Tenant will offset $300.00 against future rent.
BACKGROUND
[4] The Unit is a two-bedroom, one-bathroom rental in a triplex, owned by the Landlords.
[5] On March 26, 2025 the Tenant and the previous property manager signed a written, fixed-term tenancy agreement for the period of May 1, 2025 to April 30, 2026 (the “Tenancy Agreement”). The Tenant paid a $1,800.00 security deposit. Rent in the amount of $1,800.00 was due on the first day of the month.
[6] On May 1, 2025 the Tenant moved into the Unit.
[7] On September 29, 2025 the Landlords hired a new property manager (the “Representative”).
[8] On October 3, 2025 the Landlords served the Tenant with a Form 4(A) Eviction Notice effective October 23, 2025 for non-payment of rent. The parties agreed that the Tenant paid the outstanding rent on October 13, 2025, automatically invalidating the eviction notice under clause 60(4)(a) of the Act. A copy of this eviction notice was not included in the evidence.
[9] On November 3, 2025 the Landlords served the Tenant with the first disputed Form 4(A) Eviction
Notice effective November 23, 2025 for non-payment of rent and repeatedly late paying the rent (the “First Notice”).
[10] On November 13, 2025 the Tenant filed the first Form 2(A) Tenant Application to Determine Dispute (the “First Application”) with the Rental Office disputing the First Notice.
[11] On November 13, 2025 the Tenant filed the second Form 2(A) Tenant Application to Determine Dispute (the “Second Application”) with the Rental Office seeking compensation for services not provided under the Tenancy Agreement. The Second Application is determined in this Order.
[12] On December 2, 2025 the Landlords served the Tenant with the second disputed Form 4(A) Eviction Notice effective January 31, 2026 for repeatedly late paying the rent (the “Second Notice”).
[13] On December 10, 2025 the Tenant filed the third Form 2(A) Tenant Application to Determine Dispute (the “Third Application”) with the Rental Office disputing the Second Notice.
[14] The First Application and the Third Application are determined in Order LD26-004.
[15] On December 10, 2025 the Rental Office emailed the parties notice of a teleconference hearing scheduled for January 6, 2026.
[16] On December 16, 2025 the Rental Office emailed the parties a 64-page PDF evidence package.
[17] On January 2, 2026 the Landlord served the Tenant with a third disputed Form 4(A) Eviction Notice effective January 22, 2026 for non-payment of rent (the “Third Notice”).

[18] On January 5, 2026 the Representative submitted one additional document into evidence which was forwarded to the Tenant.
[19] On January 6, 2026 the Tenant and the Representative participated in the teleconference hearing.
During the hearing, the Third Application was amended to include the dispute of the Third Notice.
I allowed the amendment under clause 80(3)(f) of the Act. The parties confirmed that they received the evidence package and confirmed that all evidence submitted to the Rental Office was included.
[20] The Tenant submitted one document into evidence during the hearing, which was forwarded to the Representative.
ISSUE
A. Has the Tenant established a claim that services were not provided under the Tenancy Agreement?
ANALYSIS
[21] The parties did not dispute that the Tenancy Agreement included a washer and dryer.
[22] The Tenant stated that there was no washer and dryer in the Unit from May 1, 2025 to September 13, 2025. The Tenant stated that she had many conversations with the former property manager about the missing washer and dryer. The Tenant stated that on September 13, 2025 a washer and dryer were delivered to the Unit.
[23] The Tenant stated that from May 1 to September 13, 2025 she made weekly trips to the laundromat.
The Tenant stated that it costed approximately $300.00 to do the laundry for this period of time.
The Tenant stated that she did not have any receipts because she would use coins and cash to pay for the laundry machines.
[24] The Representative could not provide any evidence because this period of time was before she was hired by the Landlords. The Representative stated that the evidence did not have receipts to support the Tenant’s amount claimed.
[25] The Tenant stated that the heat pump in the Unit was not working from May 1 to October 31, 2025.
The Tenant stated that the heat pump was fixed on October 31, 2025. The Tenant stated that she is seeking $200.00 in compensation for the heat pump not working.
[26] The Representative could not provide any evidence because the period of time was before she was hired by the Landlords. The Representative stated that once the issue was brought to her attention as property manager she had the heat pump fixed. The Landlords submitted into evidence a heat pump repair invoice.
[27] I have reviewed the parties’ evidence. I find that the Tenant has established a valid claim in part. I find that the washer and dryer were included services of the Tenancy Agreement. However, for approximately 4.5 months the Tenant did not have access to this service. Effectively, the Tenancy Agreement was devalued. Although the Tenant did not provide receipts, I find that $300.00 is reasonable considering the cost to use the laundry machines at the laundromat and travelling weekly. I also included the heat pump issues in this $300.00 award. I find that the heat pump was not properly working during the warmer months. This was less impactful then if the issues occurred in the colder winter months.
[28] Therefore, the Second Application is allowed in part.
[29] As stated in Order LD26-004, the Tenant owes January 2026 rent as of the hearing date. The Tenant may offset $300.00 from January 2026 rent.

IT IS THEREFORE ORDERED THAT
1. The Tenant may offset $300.00 from January 2026’s rent.
DATED at Charlottetown, Prince Edward Island, this 7th day of January, 2026.
(sgd.) Cody Burke Cody Burke 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.