Coleman v Dolman

The matter before the court involved a dispute between a tenant, Coleman, and a lessor, Dolman, concerning residential tenancy and the payment of rent. Coleman had entered into a possession agreement with Dolman and subsequently held over. Both parties later executed a Form 18a, and Coleman failed to pay rent for a period of 12 months. Following this, a termination order was made, and a compensation order was issued for the period of tenancy covered by the Form 18a. The central issue before the court was whether the lessor could recover all of the rental arrears that accrued during the period of tenancy prior to the execution of the Form 18a.

The court examined the relevant legislation and case law to determine the rights and obligations of the parties. It considered whether the Form 18a had the effect of discharging the tenant's liability for the rental arrears incurred prior to its execution. The court held that the lessor was not entitled to recover all of the rental arrears, as the Form 18a had the effect of discharging the tenant's liability for the arrears accrued before the Form 18a was executed. The court found that the compensation order made by the tribunal was limited to the period of tenancy covered by the Form 18a, and therefore the lessor could not recover the rental arrears for the period prior to the execution of the Form 18a.

In conclusion, the court determined that the lessor was not entitled to recover all of the rental arrears that accrued during the period of tenancy prior to the execution of the Form 18a. The court upheld the decision of the tribunal, and the final orders of the court reflected this outcome. The lessor was only entitled to recover the rental arrears for the period of tenancy covered by the Form 18a.