Green v Roberts (Residential Tenancies)

The applicant, Ms Green, sought an order from the Residential Tenancies Tribunal for the recovery of unpaid rent, a penalty for early termination of the lease, and damages for property damage caused by the respondent, Ms Roberts. The dispute arose from a fixed-term residential tenancy agreement that was terminated early by Ms Roberts. Ms Green alleged that Ms Roberts failed to pay the full amount of rent due and caused damage to the premises.

The primary issues before the Tribunal were whether Ms Roberts was liable for the unpaid rent, the early termination penalty, and the property damage, and if so, what the appropriate amounts were. Ms Green argued that Ms Roberts owed the full amount of the unpaid rent, the penalty for breaking the lease, and the cost of repairs. Ms Roberts countered that the parties had negotiated a reduction in the amount of rent and that financial difficulties had prevented her from paying the full amount owed. Ms Roberts also argued that the damage to the property was minor and did not warrant the claimed repair costs.

The Tribunal found that Ms Roberts was liable for the unpaid rent, the penalty for breaking the lease, and the property damage. The Tribunal took into account the financial considerations of both parties but held that Ms Roberts' financial situation did not absolve her from her contractual obligations. The Tribunal determined that the rent owed was $739.15, the penalty for breaking the lease was $2,320, and the cost of repairs was $2,182. The Tribunal ordered Ms Roberts to pay the total amount of $5,241.15 to Ms Green within a calendar month of the date of the decision. The Tribunal also directed ACT Rental Bonds to release the entire bond to Ms Green, reducing the outstanding amount owed by Ms Roberts to $2,921.15.