How Tenants Can Appeal a Rental Decision in PEI

Navigating rental disputes can be stressful for any tenant, especially when you receive a ruling from the Island Regulatory and Appeals Commission (IRAC) that affects your home or finances. If you believe that an error was made in your case, Prince Edward Island law gives you the ability to appeal but there are important rules, deadlines, and documents you need to know. This article provides a clear, practical guide for tenants looking to challenge a rental decision in PEI.

Understanding the IRAC and Rental Decisions in PEI

In Prince Edward Island, the Island Regulatory and Appeals Commission (IRAC) manages residential tenancy disputes between tenants and landlords. This includes decisions on rent increases, evictions, repairs, and other key rental issues.

The IRAC makes decisions under the Rental of Residential Property Act¹, which sets out the rights and responsibilities of tenants and landlords in PEI.

When Can a Tenant Appeal an IRAC Decision?

As a tenant, you can appeal a decision if you believe the IRAC made an error in interpreting the facts or the law, or if new evidence is available that could change the outcome. Common reasons to appeal include:

• Disagreements over eviction notices
• Disputes about rent increases or charges
• Unresolved concerns about repairs or maintenance
• Disagreement with decisions about rental deposits

If your tenancy involves any of these issues, see our guide on Common Issues Tenants Face and How to Resolve Them for more background.

Time Limits: Don’t Miss Your Appeal Deadline

Tenants must file an appeal within 20 days of receiving the IRAC decision. After this window, you generally lose your chance to challenge the order.

How to Appeal: Step-by-Step Guide and Required Forms

Appeals are made by filing an Application to Appeal Order of Director (Form 7) with the IRAC. Here’s how to proceed:

• Step 1: Obtain Form 7
  Download the Application to Appeal Order of Director (Form 7) directly from IRAC’s official website.
• Step 2: Complete the Form
  Fill in your details, the order number you want to challenge, and clearly state the reasons for your appeal. For example, if you believe the facts were misunderstood, provide specific details.
• Step 3: Submit Your Appeal
  Send your completed Form 7, along with a copy of the original decision, to the IRAC office. Appeals can be filed in person, by mail, or by email as indicated on the form.
• Step 4: Pay the Fee
  There is a fee to file an appeal. Check the latest fee amount on the IRAC rental page or contact IRAC directly for payment methods and support if you cannot afford the fee.
• Step 5: Prepare for the Appeal Hearing
  Once your appeal is filed, you’ll receive notice of a hearing date. Organize your evidence and be ready to explain why you believe the original decision was wrong.

What Happens After You File the Appeal?

The IRAC will schedule an Appeal Hearing. Both you and your landlord will have the opportunity to present evidence and arguments. After considering the evidence, IRAC will issue a new decision, which could confirm, change, or overturn the initial ruling.

Relevant PEI Legislation and Where to Read It

All appeals are governed by the Rental of Residential Property Act, which you can review in full online.

Related Considerations for Tenants

If you have unresolved issues with your landlord—such as repairs, health hazards, or unfair charges—these may be part of a broader dispute. For a fuller picture of your rights, visit Tenant Rights and Landlord Rights in Prince Edward Island.

Tenants can also benefit from understanding related topics. See our guide on Obligations of Landlords and Tenants: Rights and Responsibilities Explained to learn more about what both parties must do under PEI law.

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Frequently Asked Questions

1. How long do I have to appeal an IRAC decision?
   You must file your appeal within 20 days of receiving the decision from the Island Regulatory and Appeals Commission.
2. Is there a fee to appeal a decision?
   Yes, there is a filing fee for submitting an appeal to IRAC. If you can’t afford the fee, contact IRAC to discuss possible exemptions.
3. Can I submit new evidence during an appeal?
   Yes, you may present new evidence at your appeal hearing, but you should provide a valid reason why it was not submitted earlier.
4. What if my landlord also wants to appeal?
   Both the tenant and landlord have the right to appeal an IRAC decision as long as they file within the required timeframe.
5. Where can I get help filling out my appeal form?
   Contact IRAC directly, or seek support from a local tenant advocacy group for assistance with paperwork or evidence collection.

Summary: Key Takeaways for Tenants

• Act quickly—appeals must be filed within 20 days of the decision.
• Use IRAC's official Application to Appeal Order of Director (Form 7) and prepare your reasons carefully.
• You have the right to new evidence and legal help during the appeal process.

Appealing an IRAC decision can be straightforward if you follow the correct procedure and meet the key deadlines.

Need Help? Resources for Tenants

• IRAC Residential Rental Office: IRAC Rental | Phone: 902-892-3501 | Email: rentalinquiries@irac.pe.ca
• PEI Legislative Information: Rental of Residential Property Act
• Tenant Advocacy and Support: PEI Renter’s Association | Contact via social media or community centres

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1. "Rental of Residential Property Act", Government of Prince Edward Island, https://www.princeedwardisland.ca/en/legislation/rental-of-residential-property-act
2. Island Regulatory and Appeals Commission (IRAC), https://irac.pe.ca/rental/

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