Don De Rota and Sharon De Rota v Donna Golen

The case involved Don De Rota and Sharon De Rota, the landlords, and Donna Golen, the tenant, in a dispute regarding the termination of a lease due to rent default and the calculation of rent for the remaining term of the lease. The matter was heard in the ACT Civil and Administrative Tribunal. The landlords sought to terminate the lease, recover unpaid rent, and obtain the tenant's bond. The tenant argued against the termination and sought to avoid liability for rent beyond the date of termination.

The legal issues before the tribunal included whether the landlords were entitled to terminate the lease for rent default, and if so, whether they were entitled to claim rent for the balance of the fixed term. The tribunal also considered the extent of the landlords' duty to advertise the property prior to obtaining a vacate possession order and the limitations on the application of sections 107 and 110(2) of the Residential Tenancies Act 1997 (ACT). The tribunal had to determine the amount of rent payable by the tenant for the period up to the termination date and the amount to be paid from the tenant's bond.

The tribunal found that the landlords were entitled to terminate the lease for rent default, and that they were also entitled to claim rent for the balance of the fixed term. The tribunal rejected the tenant's argument that the landlords had not made sufficient efforts to advertise the property prior to obtaining a vacate possession order. The tribunal held that the landlords were not required to advertise the property for the entire balance of the fixed term, but only until they obtained a vacate possession order. The tribunal also found that the application of sections 107 and 110(2) of the Act was limited to cases where the tenant had breached the lease by failing to pay rent. The tribunal ordered the tenant to pay the landlords the amount of unpaid rent, plus cleaning costs, and directed the Rental Bond Services to pay the landlords the whole of the bond plus interest.

The tribunal ordered that the tenant, Donna Golen, pay the landlords, Don De Rota and Sharon De Rota, the sum of $1,814.00, which included unpaid rent up to 30 May 2014, unpaid rent up to 13 June 2014, and cleaning costs. The tribunal also directed the Rental Bond Services to pay the landlords the whole of the bond plus interest of Rental Bond number E792353-4, and any amount received was to be credited against the money order.