Bertelsen v Czdel

The appeal by the lessor, Czdel, against the decision of the tribunal was heard in the Supreme Court. The dispute arose from a residential tenancy where the tenant, Bertelsen, terminated the lease early. Czdel sought compensation for the loss of rent, claiming that they had offered the property at a significantly higher rent but had not found a new tenant for four months. The tribunal allowed Czdel to claim the difference in rent between what was being paid and the higher offered rent, minus the insurance payout for the period the property was vacant. Czdel sought leave to appeal on the basis that the tribunal had erred in deducting the insurance payout from their claim.

The court identified two primary legal issues. The first was whether Czdel had taken reasonable steps to mitigate their loss by offering the property at a higher rent. The second issue was whether the tribunal had correctly applied the law in deducting the insurance payout from Czdel's claim. The court noted that the application for leave to appeal was filed out of time, and Czdel did not seek an extension or reasons for the tribunal's decision until several months after the decision was made. These delays were considered in determining whether the application should be struck out.

The court held that Czdel had not demonstrated a reasonable prospect of success on appeal as the tribunal's decision was based on a correct application of the law. The court found that Czdel had not adequately mitigated their loss by not securing a new tenant for an extended period and that the tribunal correctly deducted the insurance payout. The court also held that the application for leave to appeal should be struck out due to the significant delay in filing and the failure to seek reasons for the tribunal's decision in a timely manner. Consequently, the appeal was dismissed, and the tribunal's decision was upheld.