How to File Evidence for an LTB Hearing in PEI

Handling a dispute with your landlord in Prince Edward Island can feel overwhelming, especially if your case proceeds to a hearing before the Island Regulatory and Appeals Commission (IRAC). Knowing the right way to file and present evidence can make a major difference in protecting your rights, whether you're dealing with issues like repairs, rent increases, or eviction. This guide walks you through the process in clear steps and links to all the official forms you’ll need.

Who Hears Tenant Disputes in Prince Edward Island?

In PEI, disputes between tenants and landlords are handled by the Island Regulatory and Appeals Commission (IRAC) - Rental Office. IRAC oversees residential tenancy matters under the Rental of Residential Property Act.^[1][2]

What Is Evidence and Why Is It Important?

Evidence includes any documents, photographs, emails, texts, receipts, or witness statements that help prove your side of the dispute. You can use evidence to show, for example, that repairs have not been done, rent was paid, or communication took place.

Steps to File Evidence for Your IRAC Hearing

Submitting evidence properly ensures your concerns are considered by the board. Here’s what you need to do:

1. File the Correct Application Form

• Form 9: Application by Tenant – Use this if you, as a tenant, are raising a dispute (e.g., repairs, rent increases, return of deposit). Download Form 9 from IRAC.
• Example: If your landlord is not making necessary repairs, fill out Form 9, state your concern, attach any supporting evidence, and submit it to IRAC.

2. Gather Evidence

• Collect all relevant supporting documents, such as:
  • Photos of damages or disrepair
  • Copies of written notices or emails
  • Rental agreement
  • Payment records or receipts
  • Medical or inspection reports (if relevant)

3. Organize and Label Your Evidence

• Number or label each piece of evidence clearly (e.g., "Exhibit A: Email dated March 1").
• Prepare a short explanation for how each piece supports your case.

4. Submit Your Evidence to IRAC and the Other Party

• Attach your evidence to your application (Form 9) if filing in person or by mail.
• If you are presenting new evidence after your initial filing, you must send copies to both IRAC and your landlord before the hearing.
• Check IRAC’s evidence submission deadlines—typically, evidence should be submitted several days in advance of the hearing (view IRAC program guidelines).

5. Attend the Hearing

• At the hearing (in-person, phone, or virtual), refer to your labeled evidence when explaining your side.
• Be prepared to answer questions about your documents or to clarify points if asked by the hearing officer.

Official Forms and Resources for Tenants

• Form 9: Application by Tenant – Official PDF. Use when requesting IRAC to resolve a dispute.
• Form 5: Notice of Hearing – Sent to you by IRAC with the date and details of your hearing. Bring all your evidence to this hearing.
• IRAC Rental Office – Visit the Rental Office online for more forms, guides, and contact details.

For questions about specific forms or deadlines, you can call IRAC at 902-892-3501, or toll-free 1-800-501-6268.

Tips for Strong Evidence Submission

• Submit clear, legible copies—never original documents.
• Document timelines, such as when requests or payments were made.
• Include supporting statements or witness contacts if possible.

Organized and relevant evidence supports your credibility and can have a strong impact on the decision.

Related Tenant Rights in Prince Edward Island

For a full overview of landlord and tenant rights and obligations, visit Tenant Rights and Landlord Rights in Prince Edward Island. If your evidence relates to repair issues, our guide on Routine Repairs in Rental Units: Tenant and Landlord Responsibilities explains more about your rights. Moving soon? Be sure to read The Final Inspection: What Tenants Need to Know Before Moving Out for helpful exit advice.

You can also Explore Houseme for nationwide rental listings and find your next home—whether you're moving within PEI or elsewhere in Canada.

1. What kind of evidence should I submit to IRAC?
   Include anything that proves your claim, such as photos, emails, payment receipts, or witness statements. The more relevant and organized, the better.
2. Is there a deadline to submit evidence before my hearing?
   Yes, submit all evidence several days before your hearing. Always check the deadline in your Notice of Hearing or with IRAC staff.
3. Can I bring witnesses to speak at my hearing?
   Yes, you may invite witnesses to present evidence or verify facts during your hearing. Notify IRAC in advance if possible.
4. Do I have to share my evidence with the landlord?
   Yes, you must provide the landlord with copies of any evidence you plan to use so both sides have a fair chance to prepare.
5. What happens if I miss the hearing or don't submit evidence?
   If you don't attend or don't provide evidence, IRAC may decide the case without your input, which could impact the outcome.

Conclusion: Key Takeaways

• File the proper IRAC application and gather all supporting documents.
• Organize, label, and submit evidence early to IRAC and your landlord.
• Bring evidence and attend the hearing prepared to explain your side.

Being thorough and organized greatly improves your case in a tenancy dispute.

Need Help? Resources for Tenants

• IRAC Rental Office: Forms, guides, and staff to answer questions (Phone: 1-800-501-6268).
• PEI Government Rental Property Info: Updates on tenancy laws and regulations.
• Community Legal Information (PEI): Guidance for tenants needing legal information or support.

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1. IRAC Rental Office - Tenant and Landlord Application Forms, Hearings, Resources
2. Rental of Residential Property Act (PEI) - Full Legislation
3. Community Legal Information PEI - Tenant & Landlord Help

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