If you’re renting in Prince Edward Island and facing issues like disputes with your landlord or unresolved maintenance problems, understanding how the Island Regulatory and Appeals Commission (IRAC) Rental Office handles orders and compliance is crucial. This guide breaks down the process, your rights, and what happens if a landlord or tenant doesn’t follow a Residential Tenancy Order in PEI.
What Is an LTB Order in Prince Edward Island?
Unlike some provinces that use the term "Landlord and Tenant Board (LTB)," in Prince Edward Island, tenancy matters and order enforcement are overseen by the Island Regulatory and Appeals Commission (IRAC) Rental Office. If you have a dispute involving rent, repairs, or your tenancy agreement, you can apply to IRAC for a decision. These official decisions—called orders—are binding instructions that both landlords and tenants must follow.
Common Types of Orders
- Ordering repairs to be made by the landlord
- Ordering payment or return of rent or deposits
- Directing a tenant or landlord to comply with tenancy obligations
- Setting aside improper rent increases
- Terminating a tenancy (eviction) under specific legal reasons
Legal authority comes from the Rental of Residential Property Act of Prince Edward Island[1].
The Compliance Process: What Tenants Should Expect
If an order has been made by IRAC, both sides must comply with its terms by the deadline set. Examples include paying a certain amount, making repairs by a due date, or allowing entry for an inspection. Tenants are protected from unlawful retaliation for enforcing or requesting compliance with an order.
How to Apply for a Rental Order in PEI
- File Form 2: Application by Tenant. Use this form when you need IRAC to resolve disputes about repairs, deposits, or other tenancy matters. Download official IRAC forms here.
- Provide supporting documents (photos, communications, receipts).
- Attend your hearing (in-person, by phone, or written submission).
- Receive a written order if IRAC rules in your favour.
For more on typical tenant disputes and issues, see Common Issues Tenants Face and How to Resolve Them.
Enforcing an Order
If the other side does not comply:
- Contact IRAC for follow-up support—they may send compliance reminders.
- If compliance is still refused, apply through the Supreme Court of PEI to enforce the order. Bring your IRAC order and any proof of non-compliance.
It’s important to know your ongoing Obligations of Landlords and Tenants: Rights and Responsibilities Explained, as orders are based on these legal duties.
Key Official Forms and When to Use Them
- Form 2: Application by Tenant – To request IRAC adjudication of disputes or compliance with the Act.
Get Form 2 from IRAC
Example: If repairs you reported are not completed, file this form asking IRAC to order your landlord to fix them. - Form 8: Request for Hearing to Review an Order – If you disagree with an order, you can request a review within 20 days.
Download Form 8 from IRAC
Example: If you believe key evidence was missed in an order, use this form to ask for a new hearing.
All official forms and guides are on the IRAC Rental Office website.
What Happens If an Order Is Ignored?
If either the landlord or tenant ignores a valid order:
- IRAC can send reminder notices
- Continued non-compliance may be taken to the Supreme Court of PEI for enforcement—costs may apply
- Landlords and tenants risk penalties or legal costs for ignoring orders
Documenting Compliance Efforts
Keep copies of all communications, receipts, and evidence of attempts to comply or seek enforcement. This helps in applications or court proceedings if future issues arise.
Know Your Tenancy Rights in PEI
For a full overview of the law and your legal protections as a tenant, visit Tenant Rights and Landlord Rights in Prince Edward Island. This covers everything from rent increases to security deposits.
For those just moving in or encountering new situations, understanding ongoing rights and problem-solving resources is key. For trusted rental listings, Explore Houseme for nationwide rental listings with search tools for every region.
Frequently Asked Questions
- What should I do if my landlord doesn’t follow an IRAC order?
You can contact IRAC for assistance and, if necessary, apply to the Supreme Court to enforce the order with your written evidence. - How long do I have to apply for a review of an order I disagree with?
You have 20 days from the date of the order to submit Form 8, Request for Hearing to Review an Order. - Can an order include things like return of a deposit or repair deadlines?
Yes. Orders may include instructions for deposit refunds, deadlines for repairs, or other actions required by law. - Am I protected if I ask for enforcement of an order?
Yes. The law prohibits retaliation or negative action against tenants for exercising their legal rights or seeking enforcement. - Who helps resolve rental disputes in Prince Edward Island?
IRAC’s Rental Office is the government body responsible. They process applications, hold hearings, and issue legally-binding orders for residential tenancies in PEI.
Conclusion: Key Takeaways
- IRAC makes binding orders in tenant-landlord disputes in PEI, not the LTB.
- Both tenants and landlords must comply with these orders within the timelines given.
- Clear, actionable steps through official forms ensure your rights are protected and issues are resolved.
Need Help? Resources for Tenants
- IRAC Rental Office – Residential Tenancy Information
Phone: 1-902-892-3501 | Toll-free: 1-800-501-6268 - Official IRAC Rental Applications & Forms
- Rental of Residential Property Act of Prince Edward Island
- Community Legal Information PEI: Free advice for tenants
Phone: 1-800-240-9798
