LD25-176

Landlord application · rent arrears. Outcome: granted. I find that the Tenant must pay the Landlord rent owing in the amount of $722.58.

Linked prior order: LD25-175

Order text

Order of The Director of Residential Tenancy
Docket 25-319 May 21, 2025
INTRODUCTION
[1] The Landlord seeks an order against the Tenant for rent owing in the amount of $800.00.
DISPOSITION
[2] I find that the Tenant must pay the Landlord rent owing in the amount of $722.58.
BACKGROUND
[3] The Unit is a two-bedroom, one-bathroom single family dwelling.
[4] The parties entered into a written, fixed-term tenancy agreement for the Unit from March 1, 2025 to February 28, 2026. Rent of $800.00 is due on the first day of the month. A security deposit of $800.00 was paid on March 31, 2025.
[5] On April 4, 2025 the Landlord served the Tenant with a Form 4(A) Eviction Notice with an effective date of April 24, 2025 (the “Notice”) for non-payment of March and April rent, in the amount of $1,600.00.
[6] On April 24, 2025 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Residential Tenancy Office (the “Rental Office”) seeking vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is the subject of Order LD25-175. The Application also seeks rent owing, which is the subject of this decision.
[7] On May 7, 2025 the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for May 20, 2025.
[8] On May 16, 2025 the Rental Office emailed the parties a 28-page evidence package.
[9] On May 20, 2025 the Landlord’s representative (the “Representative”) joined the teleconference hearing for determination of the Application. I telephoned the Tenant and the Tenant decided to submit a written statement and then disconnected from the hearing. The Tenant’s written statement to the Rental Office was forwarded to the Representative during the hearing.
ISSUE
A. Does the Tenant owe rent to the Landlord?
ANALYSIS
[10] The evidence establishes that the Tenant has paid March and April 2025 rent. However, the Tenant has not paid May 2025 rent, in the amount of $800.00.
[11] In Order LD25-175 the Tenant and all occupants are required to vacate the Unit by 5:00 p.m. on May 28, 2025.
[12] The Tenant must pay the Landlord pro-rated May 2025 rent in the amount of $722.58 (28 days divided by 31 days multiplied by $800.00) by the timeline below.
Tenancy Agreement Content
[13] On April 8, 2023 the Residential Tenancy Act replaced the former rental legislation. Landlords are now required to prepare written tenancy agreements containing the information specified in subsection 11(2), which states:

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.
[14] I also note that, with regard to the end of a tenancy, landlords must comply with Part 4 of the Act.
In particular, subsection 51(1) states:
A tenancy shall be terminated only in accordance with this Act.
[15] Landlords cannot create grounds for ending a tenancy that conflict with the Act.
[16] The standard form tenancy agreement (Form 1 – Standard Form of Tenancy Agreement) is available on the Rental Office’s website.
IT IS THEREFORE ORDERED THAT
1. The Tenant will pay the Landlord the amount of $722.58 by June 23, 2025.
DATED at Charlottetown, Prince Edward Island, this 21st day of May, 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.