How to Prepare Evidence for an LTB Hearing in Prince Edward Island

Facing a dispute with your landlord in Prince Edward Island can feel overwhelming—especially if your case is heading to a hearing at the Island Regulatory and Appeals Commission (IRAC) Rental Office. Knowing how to prepare and present your evidence increases your chances of a fair outcome. Whether your issue involves repairs, rent increases, or a potential eviction, understanding the process is key to protecting your rights as a tenant in Prince Edward Island.

Understanding the Rental Hearing Process in PEI

In Prince Edward Island, the IRAC Rental Office oversees residential tenancy disputes. They hold hearings to resolve issues like unpaid rent, maintenance concerns, or disagreements about Tenant Rights and Landlord Rights in Prince Edward Island.

Evidence is any information you present to support your side of the story. This can include documents, photos, written statements, and even witnesses. Presenting well-organized evidence helps the Commissioner make a fair decision based on the Rental of Residential Property Act (RSPEI 1988, Cap. R-13.1).¹

Types of Evidence You Can Use

The key to success is showing clear, relevant proof. In PEI tenancy hearings, common types include:

• Written documents – lease agreements, rent receipts, correspondence (emails, texts, letters)
• Photos & videos – to show property conditions, damage, or repairs needed
• Inspection reports – from professionals or official agencies
• Witness statements – written and signed, or in-person testimony

Make sure all evidence directly relates to your dispute and is clearly labeled for the hearing.

Key Steps to Preparing Evidence for Your Hearing

Before your hearing date, follow these steps to get your evidence ready and ensure it is admissible and effective.

1. Review the IRAC Hearing Rules

The IRAC Rental Office has specific Hearing Practices and Procedures (PDF guide). It outlines the rights and duties of tenants and landlords during a hearing, including timelines for submitting evidence and what is acceptable.²

2. Gather Your Documents

• Lease or rental agreement
• Rent payment records and communications about rent
• Photos or videos (with dates, if possible)
• Inspection or maintenance reports—see our Guide to the Initial Rental Property Inspection for Tenants for tips
• Receipts for repairs you paid for (if you are claiming reimbursement)
• Written statements from neighbours, repair people, or others with first-hand knowledge

Check each item for legibility, accuracy, and relevance to your claim.

3. Complete Official IRAC Forms

If you are bringing your case to IRAC, you'll need the correct application form. Some common ones include:

• Form 2: Application by Tenant – Use this form to apply for an order (such as a rent abatement or repairs).
  Example: If you are asking for a rent reduction due to incomplete repairs, fill out Form 2 (PDF). Attach supporting documents (photos, written requests).
• Form 6: Tenant’s Response to Application – If your landlord has filed an action against you (for example, for unpaid rent), use Form 6 (PDF) to respond, outlining your position and supporting with evidence.

All forms and instructions are found on the IRAC Rental Forms page.

4. Submit Your Evidence on Time

Normally, all evidence must be delivered to IRAC and the other party at least three business days before the hearing date. Check your hearing notice for the exact deadline.

5. Organize for the Hearing

• Make copies of all evidence for yourself, IRAC, and your landlord
• Label documents and photos (e.g., "Photo 1: Kitchen leak")
• Prepare a brief summary of your case and how each piece of evidence supports your claims
• Practice a simple explanation—remember, IRAC Commissioner will likely ask questions

Presenting Your Evidence at the Hearing

On hearing day, arrive early (or log in if your hearing is virtual) and bring all original documents. The IRAC Commissioner will ask questions and review the evidence. Stay calm, answer fully, and present your documents or witnesses when directed.

Keep your statements clear and focused on the issues. Don’t be afraid to explain how each document or photo proves your claim.

What Happens After the Hearing?

After you present your evidence, IRAC will review everything and provide a written decision. If you have questions about next steps—like moving out or recovering a deposit—see How to Get Your Security Deposit Back with Interest When Moving Out.

FAQ: Evidence and LTB Hearings in PEI

1. What types of evidence are most effective for IRAC hearings?
   Evidence that is clear, relevant, and directly related to your dispute—such as signed agreements, dated photos, and receipts—will be strongest.
2. Will I need to provide copies of evidence to my landlord?
   Yes. You must share all evidence with IRAC and your landlord at least three business days before the hearing.
3. What do I do if I miss the evidence deadline?
   Contact IRAC immediately. Late evidence may not be admitted unless you have a very good reason for the delay.
4. Can I bring a witness to my hearing?
   Yes. Witnesses can attend in person or provide signed written statements. Be sure they have first-hand knowledge of the issue.

Conclusion: Keys to a Strong IRAC Hearing in PEI

• Gather, organize, and label evidence well before your hearing.
• Use official IRAC forms, and submit everything on time.
• Clear communication and preparation give you the best chance for a fair decision.

For more about tenant responsibilities and common issues, see Common Issues Tenants Face and How to Resolve Them.

Need Help? Resources for Tenants

• IRAC Rental Office (Tenant-Landlord Disputes in PEI): Information, forms, and contact details
• Rental of Residential Property Act (official legislation)
• PEI Tenant Support Centre: Call 1-800-501-6268 for free tenant advice
• Looking for a new place? Find rental homes across Canada on Houseme
• Read more about your rights at Tenant Rights and Landlord Rights in Prince Edward Island

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1. Rental of Residential Property Act (RSPEI 1988, Cap. R-13.1)
2. IRAC Hearing Practices and Procedures

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