The following information is intended as a guide for landlords and tenants participating in a hearing under the Residential Tenancy Act.
Generally, rental hearings are held by telephone. Instructions for telephone hearings can be found here.
Instructions on how to submit evidence for a hearing can be found here. Pour voir en français, cliquez ici.
What is the purpose of a rental hearing?
The purpose of a rental hearing is to resolve a dispute between a tenant and a landlord. During the hearing, the tenant and the landlord are each given an opportunity to present evidence and to give testimony to a Rental Officer who then writes a decision based on the facts presented in accordance with the law.
Do all parties receive notice of a rental hearing?
A Notice of Hearing will be sent to the parties by email, mail, or another method approved by the Director. The Notice will state the date and time of the hearing. All rental hearings are being held by telephone. Instructions for telephone hearings can be found here.
What if I cannot participate in a hearing?
If you are unable to participate in your hearing, you must contact the Rental Office to request a postponement of the hearing. You may also have someone represent you at a hearing if you are unable to participate or feel more comfortable having someone else speak for you. You can still provide a written statement.
May I have someone else participate with me at the hearing?
Hearings are not public at the Rental Office level. Only parties involved in the matter are permitted to participate in the hearing. However, witnesses are allowed to present evidence or give testimony at a hearing. You can also have someone represent you at a hearing, like a lawyer, although it is not mandatory.
How is a rental hearing conducted?
A hearing is a legal proceeding conducted by a Rental Officer to hear both sides of the rental dispute. A hearing is required when there is a dispute between a landlord and a tenant and one of the parties submits an application to resolve the dispute. A Rental Officer will hear the testimony and weigh the evidence submitted by the parties and make a decision.
Parties who give evidence are affirmed at the beginning of the hearing. The Rental Officer will begin by asking preliminary questions regarding the application(s). The party who has the burden of proof will then provide their testimony and evidence. The other party then gives their evidence and testimony. Each party also has an opportunity to respond to the other’s comments.
A hearing can provide an opportunity for the parties to resolve their differences and reach a mutual agreement. If the parties negotiate an agreement, depending on the type of agreement, the Rental Officer may issue an Order/settlement agreement.
Is there anything else I can do to help me prepare for a hearing?
In many cases, parties find it helpful to prepare a written summary or statement of the evidence and arguments that they wish to present at the hearing. A review of past relevant Orders of the Rental Office and IRAC Appeal Orders may also be helpful.
How long does a hearing last?
Most hearings last between 20 to 60 minutes depending upon how much evidence is submitted, how many witnesses are called, and the complexity of the issues in dispute.
What if I disagree with the Rental Officer’s decision?
Any party to the Order may appeal the decision to the Island Regulatory and Appeals Commission. Information on how to appeal a Rental Order can be found here.
How do I ensure the Rental Order or decision will be enforced?
The party who is granted an Order in their favour, may file the Order with the Supreme Court of Prince Edward Island. Once filed, the party may file their Order as a judgment, or file it with Sheriff Services depending on the nature of the Order. For more information on how to file an Order with the Court, please contact the Supreme Court or Sheriff Services to discuss their process, procedure and fees.