What to Do If the Rental Office Doesn’t Enforce a Tenant Order in PEI

If you are a tenant in Prince Edward Island and have received a favourable order from the Island Regulatory and Appeals Commission (IRAC)—the official rental board in PEI—but your landlord isn’t following it, you might feel powerless and unsure what to do next. Thankfully, there are clear steps you can take to enforce your tenant rights and make sure your landlord complies with the order.

Who Handles Tenant Orders in Prince Edward Island?

In PEI, residential tenancies are governed by the Rental of Residential Property Act, and all tenancy disputes are managed by the Island Regulatory and Appeals Commission (IRAC).^[1]

IRAC decisions and orders are legally binding, but like many tenancy tribunals in Canada, IRAC does not physically enforce its own orders. If a landlord ignores an IRAC order, tenants must take further action to ensure it’s enforced.

Why Might a Landlord Ignore an IRAC Order?

Sometimes landlords don’t follow orders regarding repairs, return of deposits, or unpaid rent repayments. If a landlord ignores an order, this can create stressful living conditions and uncertainty for tenants.

Steps Tenants Can Take When IRAC Doesn’t Enforce an Order

Here’s what to do if your landlord isn’t cooperating after an IRAC order has been issued in your favour:

• Get a Copy of the Order: Make sure you have the final signed IRAC order with all necessary details.
• Contact IRAC: Inform IRAC that the landlord isn’t complying. While IRAC can’t enforce the order for you, they can clarify your next legal steps.
• File Your Order in Court: IRAC orders can be filed with the Supreme Court of Prince Edward Island. The court then treats the order as if it were one of its own and can help enforce it against the landlord.^[2]

How to File an IRAC Order for Enforcement

To begin court enforcement, you typically need:

• The original IRAC order (or a certified copy)
• A completed court application—contact the Supreme Court of PEI for the most recent forms
• The landlord’s contact and property information
• Proof that the landlord has not complied (e.g., photographs, correspondence)

Once the court accepts your application, it can issue orders allowing for actions such as seizing assets, garnishing wages, or other measures to collect money or force repairs.

Relevant Forms for Tenants

• Application to IRAC (Form 2): This is the basic form to start a rental dispute with IRAC.
  Use when your landlord doesn’t return a deposit or ignores needed repairs. Download IRAC Form 2.
• Notice of Application (Supreme Court): This is required for court enforcement. Obtain the most recent form from the PEI Supreme Court Rules & Forms.

For information on your rights and typical tenant issues, visit Tenant Rights and Landlord Rights in Prince Edward Island.

What Can Be Enforced Through the Supreme Court?

• Return of security or damage deposits
• Payment of money owed by landlord
• Orders for the landlord to complete repairs

Note that the court charges filing and processing fees. If you’re on a low income, ask the Supreme Court Registry about fee waivers or assistance programs.

Preventing Disputes: Be Proactive

Understanding your rights from the start can help you avoid many disputes. For example, learning about Understanding Rental Deposits: What Tenants Need to Know and Common Issues Tenants Face and How to Resolve Them can equip you for common problems.

If you’re seeking a new home, Find rental homes across Canada on Houseme for the latest listings and helpful tenant resources.

FAQ: Tenant Order Enforcement in Prince Edward Island

1. What do I do if my landlord ignores an IRAC order?
   You should contact IRAC for advice and then apply to the PEI Supreme Court to have your order enforced.
2. Will IRAC enforce orders themselves?
   No. IRAC issues orders but does not enforce them. The Supreme Court is responsible for enforcement if necessary.
3. Can I get my deposit back if the landlord refuses?
   If IRAC orders a deposit returned and the landlord doesn’t comply, you can file with the Supreme Court for enforcement.
4. Does it cost money to enforce an order in court?
   Yes, the Supreme Court charges filing fees, but you may qualify for financial assistance if you have a low income.
5. Where can I learn about my rights as a PEI tenant?
   Visit Tenant Rights and Landlord Rights in Prince Edward Island for a detailed overview of your rights and responsibilities.

Key Takeaways

• IRAC issues binding orders, but only PEI courts can enforce them.
• If your landlord doesn’t comply, gather evidence and apply for court enforcement as soon as possible.
• Understand your rights to prevent and resolve disputes early.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) - Rentals: 1-902-892-3501
• Community Legal Information PEI — Free legal guidance for tenants
• Supreme Court of Prince Edward Island for order enforcement
• Tenant Rights and Landlord Rights in Prince Edward Island

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1. Island Regulatory and Appeals Commission (IRAC) - Rentals
2. Rental of Residential Property Act (PEI)

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