Facing a claim for costs after a landlord brings an application to the Prince Edward Island Landlord and Tenant Board can be stressful for renters. This guide explains when a tenant might be ordered to pay costs at a PEI LTB hearing, what factors the tribunal considers, and practical steps tenants can take before, during and after a hearing. It uses plain language to describe relevant forms, timelines and options for responding, including how to gather evidence and ask for reasons if costs are awarded. If you rent in Prince Edward Island, the information here helps you understand your rights and next steps, and points to the official tribunal and support services you can contact for free advice.
How costs work at PEI tenancy hearings
Costs are an order requiring one party to pay some or all of the other party's hearing expenses. In PEI, the tribunal considers whether a party acted unreasonably, caused unnecessary delay, or brought a frivolous claim. Costs are not automatic; they are a remedy used in specific situations and the tribunal will weigh fairness and the conduct of both parties when deciding whether to award costs. Tenants should know the deadlines to respond and the types of evidence that reduce the chance of a costs order against them.
When costs may be awarded
- If a hearing shows the tenant acted in a way that wasted the tribunal’s time, such as bringing or defending a clearly frivolous claim.
- If a party fails to follow tribunal directions or causes unreasonable delay that increases expenses.
- If a party seeks money orders and the tribunal finds the claim was exaggerated or unsupported by evidence.
Factors the tribunal considers
The tribunal looks at conduct, reasonableness, whether the matter could have been settled earlier, and the proportionality of costs. It will also consider whether the tenant had a reasonable basis to raise or defend the issue. Keeping clear records of payments, repairs requests and correspondence helps show reasonableness.
Official tribunal, legislation and forms you may need
The main PEI office for tenancy disputes is the Residential Tenancies Office (Residential Tenancies Office)[1]. The province’s rules are set out in the Residential Tenancies Act[2], which explains the tribunal’s power to make orders, including costs. To start or respond to a dispute you typically use the official application or response forms provided by the Residential Tenancies Office; check the forms page for the current form names and numbers and file as directed by the office[3].
- Application/Response form (use to start a claim or file your response). Example: file the response form within the deadline shown on the application to avoid a default order.
- Request for reconsideration or review form (if available) — use this if you believe a costs order was unfair and you have new evidence or a legal error to point out.
- Evidence bundle checklist (gather photos, receipts, logs and correspondence to show your side of the story at the hearing).
Responding if a landlord asks for costs
Take these practical steps: read the application carefully, note the hearing date and any deadlines, gather all receipts and communications, and prepare a short chronology of events. If you can, try to settle outside the hearing — a reasonable settlement may avoid costs and reduce stress. When filing a written response, clearly explain facts and attach key documents. At the hearing, be respectful, answer questions directly, and focus on evidence rather than emotion.
Sample evidence tenants should bring
- Receipts for rent and utilities to show payments were made as agreed.
- Copies of written repair requests and landlord responses for habitability disputes.
- Photos or videos dated close to the dispute events (e.g., damage, mold, or safety issues).
FAQ
- Can a tenant be ordered to pay the landlord's costs at a PEI LTB hearing?
- Yes. The tribunal can order costs if it finds a tenant acted unreasonably, caused unnecessary delay, or brought a frivolous case, but costs are discretionary and not automatic.
- How can I reduce the risk of having costs awarded against me?
- Keep clear records, respond to applications on time, provide relevant evidence, try to settle where reasonable, and follow tribunal directions.
- What if I disagree with a costs decision?
- You can request reasons for the decision and ask about review or appeal options. Use the tribunal's review procedures and relevant forms listed by the Residential Tenancies Office.
How-To
- Read the application and any attached claim carefully and note the hearing date and deadlines.
- Gather evidence: receipts, photos, messages, repair requests and a short timeline of events.
- File a written response using the official response form and attach your key documents before the deadline.
- Attend the hearing, present your evidence calmly, and explain why a costs order would be unfair in your case.
- If costs are ordered, request written reasons and ask the Residential Tenancies Office about review or appeal options and timelines.
Help and Support / Resources
- Residential Tenancies Office - Government of Prince Edward Island
- Residential Tenancies information - Justice and Public Safety, PEI
- Residential Tenancies Act (PEI) - Official legislation
