Mainore Pty Ltd and Hilyard (RT 12/452); and; Hilyard and Mainore Pty Ltd (RT 12/649); (Residential Tenancies)

The Applicant sought the termination of a fixed term residential lease and the return of her bond. The Respondent resisted the Application and sought compensation for the loss of rent and other losses. The Applicant alleged that the tenancy was induced by a false or misleading statement by the Respondent’s agent, that the Respondent breached the lease clauses 52 and 60 by failing to rectify a situation which interfered with the reasonable habitation of the tenant, that the Respondent expressly or impliedly gave notice to the tenant to vacate and that the Respondent engaged in conduct intended to cause injury to the Applicant or members of her family. The Respondent submitted that the Applicant had not made out a basis for termination of the lease and that the Respondent was not liable to pay any money to the Applicant. The Respondent also submitted that the termination arose by the Applicant’s abandonment of the premises and that the Applicant should be liable for compensation. The Tribunal found that the Applicant did not give the Respondent the requisite notice after mid December 2010 to rectify the storage cage access situation. The Respondent was entitled to conclude, after sending the Applicant the email dated 13 December 2010 and her ensuing silence on this issue together with the fact that the Applicant continued to pay the rent that the Applicant continued to affirm the agreement between the parties. The Tribunal was not satisfied on the balance of probabilities that there was an issue or situation which interfered with the Applicant’s reasonable habitation of the unit and it was also not satisfied that the Respondent breached lease clauses 52 and 60. The Tribunal was not satisfied that there is any credible evidence to enable the Tribunal to find on the balance of probabilities that the Respondent engaged in conduct intended to cause injury to the Applicant or members of her family. The Tribunal found that the Applicant terminated the tenancy agreement during the fixed term without cause. The Tribunal found that the Respondent did not accept the Applicant’s notice to terminate and the Respondent was entitled to seek compensation under section 84 of the RT Act. The Tribunal found that the Respondent took reasonable action to mitigate its loss. The Tribunal found that the compensation payable should be assessed at $21,000. The Tribunal ordered that the Applicant pay compensation to the Respondent in the sum of $17,200.