LD24-342

Application · compensation. Outcome: granted. I find that the evidence supports part of the Tenants’ claim, in the amount of $1,272.11.

Linked prior order: LD24-228

Order text

Orders of the Director of Residential Tenancy
Docket 24-501 October 15, 2024
INTRODUCTION
[1] The Tenants seek compensation from the Landlord based upon insufficient waste removal services.
DISPOSITION
[2] I find that the evidence supports part of the Tenants’ claim, in the amount of $1,272.11.
BACKGROUND
[3] The Unit is a one-bedroom, one-bathroom apartment located in a six-unit building (the “Residential Property”) that the Landlord has owned for over three years.
[4] The Landlord and the Tenants entered into a written, fixed term tenancy agreement for the period of November 1, 2023 to October 30, 2024. Rent in the amount of $1,350.00 is due on the first day of month. On November 1, 2023 the Tenants paid a $1,350.00 security deposit.
[5] On August 8, 2024 the Tenant filed a Form 2 (A) Tenant Application to Determine Dispute with the Residential Tenancy Office (the “Rental Office”) seeking compensation due to insufficient waste removal services.
[6] On August 20, 2024 the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for September 17, 2024.
[7] On September 11, 2024 the Rental Office emailed the parties a 34-page evidence package (the “Evidence Package”).
[8] On September 17, 2024 the Landlord and the Tenants joined the teleconference hearing. The Landlord confirmed receipt of the Evidence Package. The Tenants stated that they did not receive the Evidence Package and another copy was sent to their email address. The Tenants reviewed the Evidence Package and the hearing continued.
[9] Order LD24-228 was added to the evidentiary record and a copy was emailed to the Tenants during the hearing. This earlier decision was based upon an application from other tenants in the Residential Property, however, the decision is related to this matter. These other tenants also participated in the hearing for the determination of a separate, related application.
ISSUE
A. Must the Landlord compensate the Tenants due to insufficient waste removal services?
ANALYSIS
[10] The Landlord stated that the black and green Island Waste Management Corporation (“IWMC”) bins for the Residential Property had been placed in the same location for 15 to 20 years. The Residential Property is located in the heart of Charlottetown and either occupants or external persons were not properly disposing of waste. The bins would be refused by IWMC, waste would build up and complaints would be made by neighbours. The result was that on May 3, 2024 the bins were removed by IWMC because of an order issued by the City of Charlottetown.
[11] The Landlord submits that there were a number of external factors outside of the Landlord’s control that led to this situation. The Landlord submits that there are publically available receptacles nearby that the Tenants could use to dispose of their waste.

Orders of the Director of Residential Tenancy

[12] On August 19, 2024 the Landlord resolved the waste disposal problems by advising the Tenants that waste could be dropped off at a specific location at the Residential Property and the Landlord would take care of the waste removal. The Landlord stated that he has no problem reimbursing the Tenants for out of pocket waste disposal expenses but opposes further compensation. The Landlord is working on a long term waste disposal solution.
[13] The Landlord submits that the facts in Order LD24-228 are incorrect but he did not appeal the decision.
[14] At the hearing the Tenants clarified that they are seeking reimbursement for their Just Junk out of pocket expenses in the amount of $920.50 from May 3, 2024 to August 18, 2024 and additional compensation of $675.00 per month for this period.
[15] The Tenants called Just Junk when there was a sufficient amount of waste had accumulated to meet the company’s minimum load requirement. Just Junk would attend the Residential Property and take the waste. The Tenants do not have access to a vehicle to drive to an IWMC location.
The waste disposal issues did not prevent the Tenants from living in the Unit from May to August of 2024.
[16] I have reviewed the parties’ evidence and submissions.
[17] The Landlord was required to provide the Tenants with waste removal services at the Residential Property pursuant to section 7 of the Public Health Act Rental Accommodation Regulations, section 21 of the Residential Tenancy Act and the tenancy agreement.
[18] Even though the Landlord did not cause IWMC to remove the bins, the Landlord was still required to provide the Tenants with waste removal services at the Residential Property. Any attempt by the Landlord to contract out of this obligation and avoid responsibility is invalid pursuant to section 5 of the Act.
[19] Publically available waste receptacles are not a suitable replacement for black and green IWMC bins at the Residential Property. The Landlord could have implemented the August 19, 2024 waste removal solution on May 3, 2024 and avoided the disruption of services.
[20] The Tenants’ reimbursement for out of pocket expenses is authorized by clause 85(1)(d) of the Act.
I am satisfied by the evidence presented that the Tenants incurred $920.50 in waste removal costs from May 3, 2024 to August 18, 2024 due to insufficient waste removal services.
[21] The Tenants’ compensation claim due to the absence of waste bins is based upon clauses 85(1)(e) and (i) of the Act. The value of the tenancy agreement was reduced and the Tenants were inconvenienced. However, a claim of $675.00 per month is excessive considering the Tenants continued to have use of the Unit and considering the other services that continued to be provided pursuant to the tenancy agreement. The waste removal service paid out of pocket by the Tenants is more convenient compared to driving to a IWMC site for waste disposal.
[22] Upon a review of all the evidence and considering the total monthly rent of $1,350.00, I find that compensation of $100.00 per month from May 3, 2024 to August 18, 2024 is appropriate. The total amount is $351.61, calculated as follows:
• May – $93.55 – (29 days divided by 31 days multiplied by $100.00) • June – $100.00 • July – $100.00 • August – $58.06 – (18 days divided by 31 days multiplied by $100.00)
[23] The Landlord must pay the Tenants the total amount of $1,272.11 ($920.50 plus $351.61) by the timeline below.

Orders of the Director of Residential Tenancy

Tenancy Agreement Form
[24] I note that the Landlord prepared a Standard Form of Rental Agreement (Form 1) which was signed on October 20 and 21, 2023. The rental agreement is an outdated form prescribed under the former rental legislation, the Rental of Residential Property Act.
[25] The current Standard Form of Tenancy Agreement (Form 1), based upon the Residential Tenancy Act, is available online in the forms section of the Rental Office’s website. The Residential Tenancy Act has been in force since April 8, 2023 and the tenancy agreement commenced over six months later. The Landlord must use tenancy agreement forms that comply with the current legislation.
[26] In particular, subsections 11(1) and (2) include the following requirements:
(1) A landlord shall prepare a written tenancy agreement in respect of a tenancy that is entered into on or after the date this Act comes into force.
(2) The landlord shall ensure that the tenancy agreement complies with the requirements of this Act and the regulations and includes (a) the provisions set out in Division 4;
(b) the correct legal names of the landlord and tenant;
(c) the address of the rental unit;
(d) the date the tenancy agreement is entered into;
(e) the address for service and telephone number of the landlord, or the landlord’s agent, and the tenant;
(f) the services and facilities included in the rent;
(g) the amount of rent that was charged, and the services and facilities that were provided, to the previous tenant of the rental unit, unless there was no previous tenant;
(h) the name and contact information of any person the tenant is to contact for emergency repairs; and (i) the agreed terms in respect of (i) the date on which the tenancy starts, (ii) if the tenancy is a periodic tenancy, whether it is on a weekly, monthly or other periodic basis, (iii) if the tenancy is a fixed-term tenancy, the date on which the term ends, (iv) the amount of rent payable for a specified period, (v) the day on which the rent is due and the frequency of payment, and (vi) the amount of any security deposit and the date the security deposit was or is required to be paid.
[27] The Application is allowed in part.
[28] The Landlord must compensate the Tenants for insufficient waste removal services at the Residential Property for the period of May 3, 2024 to August 18, 2024, as provided below.

Orders of the Director of Residential Tenancy

IT IS THEREFORE ORDERED THAT
1. The Landlord must pay the Tenants compensation in the amount of $1,272.11 by November 4,
2024.
DATED at Charlottetown, Prince Edward Island, this 15th day of October, 2024.
(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

Orders of the Director of Residential Tenancy

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.