Pateman & Griffin & Anor; (Residential Tenancies)

This case arose from a dispute over a rental bond in relation to a residential tenancy agreement between the lessor and the tenants, Mr Griffin and Ms Gauthier. The Tribunal was asked to decide the entitlement of the lessor to compensation for loss of rent due to early termination of the tenancy agreement. The tenants argued that they had given adequate notice of their intention to terminate and that the lessor had accepted this notice, thereby waiving their right to compensation. The lessor argued that they were entitled to compensation for the loss of rent due to the early termination.

The key legal issues were whether the notice of intention to terminate was valid and whether it had been accepted by the lessor. The Tribunal found that the notice was defective, but waived the defect in the circumstances. The Tribunal concluded that the lessor had not accepted the notice of intention to terminate, and thus was entitled to compensation under section 84 of the Residential Tenancies Act 1997 (RT Act). The Tribunal assessed the amount of compensation, taking into account the loss of rent for the 9 days the property was unleased, the additional rent received from the new tenants, and the steps taken by the lessor to mitigate their loss.

The Tribunal also addressed other legal and procedural issues raised by the tenants, including the correct mechanism for a claim on the bond for compensation to be made and the propriety of the actions of the lessor's agent. The Tribunal found that the lessor was entitled to compensation of $423.95, being $636.45 for lost rent reduced by $212.50. The Tribunal directed that $423.95 of the disputed sum be released to the lessor's agent, and the remaining $212.50 to the tenants.