What Happens at Your LTB Hearing in Prince Edward Island

Attending a landlord-tenant hearing can feel stressful, especially if it’s your first time. Understanding what to expect on hearing day can help you feel more confident and prepared. This guide covers how hearings work in Prince Edward Island, including what to bring, official forms you may encounter, and tips to help you navigate the process as a tenant.

Who Handles Tenant-Landlord Disputes in Prince Edward Island?

In Prince Edward Island, residential tenancy disputes are managed by the Residential Property Division of the Island Regulatory and Appeals Commission (IRAC). This office resolves issues such as evictions, rent increases, repairs, security deposits, and more.

The Residential Property Division operates under the Rental of Residential Property Act.¹

Arriving for Your Hearing: What You Need to Know

Hearings are typically held in person at a hearing office, but can occasionally be held by phone or online. You’ll receive a formal notice stating your hearing’s time, date, and location. Be sure to:

• Arrive at least 15 minutes early
• Bring all relevant documents and correspondence (emails, letters, receipts, photos)
• Know who will attend: you, your landlord (or their representative), and the hearing officer

If you have witnesses, let the tribunal know ahead of time and ensure they’re available on the hearing date.

Official Forms Used at IRAC Hearings

Several forms are involved during the hearing process. The most common forms include:

• Form 6 – Application by Tenant: Used by tenants to apply for remedies (such as repairs or return of deposits). For example, if your landlord refuses to fix an urgent heating issue, you can submit this form. Access it on the IRAC official tenant forms page.
• Form 2 – Notice of Hearing: Sent to both tenant and landlord to inform them of a scheduled dispute. It includes hearing details and what the hearing will cover.
• Form 7 – Response by Landlord: Used if the landlord wishes to respond to your application, outlining their side of the dispute.

If your issue involves the return of your security deposit, learn more about your rights in Understanding Rental Deposits: What Tenants Need to Know.

The Hearing Process: Step by Step

Hearings in PEI are designed to be accessible and not overly formal. Here’s how a typical hearing unfolds:

• Opening: The hearing officer reviews the application and explains the process.
• Evidence: Both sides present their evidence and may call witnesses.
• Questioning: You may be asked questions by the officer or by the landlord. You can also ask the landlord (or their witnesses) questions.
• Closing Remarks: Each side summarizes their points before the hearing concludes.

Remote Hearings

If your hearing is by phone or videoconference, ensure you have a quiet place to participate, and that your phone or computer is charged and functioning.

After the Hearing: Decision and Next Steps

The hearing officer may announce a decision at the end of the hearing or provide it in writing within a set number of days. If you disagree with the outcome, you may have the right to request a review or appeal. Instructions are included in the official decision letter.

For more on tenant and landlord obligations in PEI, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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Related: Tenant Rights and Landlord Rights in Prince Edward Island

Your rights during a hearing are grounded in provincial legislation. To explore more, visit Tenant Rights and Landlord Rights in Prince Edward Island.

FAQs About the Day of Your Hearing in PEI

1. What if I cannot attend the hearing on the scheduled day?
   If you cannot attend, notify the Residential Property Division as soon as possible. You may need to file a written request (with reasons) to reschedule.
2. Do I need legal representation at my hearing?
   No. Hearings are designed to be accessible to the general public. You may represent yourself, but you can bring a support person, friend, or lawyer if you wish.
3. What documents should I bring to the hearing?
   Bring your lease, correspondence with your landlord, photos of problems, repair receipts, and anything else relevant to your case.
4. How long does it take to get a decision after the hearing?
   Decisions can be announced at the hearing or sent in writing within a specified period, usually a few days.

Conclusion: Key Takeaways for PEI Tenants

• Know the time, location, and required documents for your hearing
• Bring all evidence related to your case
• Ask questions and take notes during the hearing
• Read your written decision closely for appeal information, if needed

Need Help? Resources for Tenants

• Residential Property Division (IRAC) – Official tribunal for landlord-tenant disputes in PEI
• PEI Housing Services – Tenancy support and housing assistance
• Community Legal Information PEI – Free legal information and tenant advocacy

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1. Rental of Residential Property Act (PEI)

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