Rental Express Pty Ltd v Finch & Sweeney

The dispute arose between Rental Express Pty Ltd, a property manager, and Sarah Finch and Glen Sweeney, the tenants, concerning the termination of their lease due to flooding under the house. The case was heard and decided by the Supreme Court of Victoria. The tribunal had previously found in favour of the tenants, ordering that Rental Express pay $12,000 in compensation for the flooding and waiving the break lease fees and damages. The property manager appealed this decision, arguing that the tribunal did not have the authority to waive the requirement for the tenants to provide proper notice under the Residential Tenancies Act 1995.

The court had to determine whether the tribunal was correct in its finding that it could waive the notice requirements and whether the appeal had sufficient grounds. The central legal issue was whether the tribunal could legally waive the statutory notice requirements and if the appeal had merit. The court found that the tribunal did not have the authority to waive compliance with the notice requirements and that the appeal had grounds for leave.

The court granted leave to appeal and allowed the appeal. It set aside the tribunal's decision and substituted a new order that the tenants must pay the property manager $668.55 by a specified date. This decision underscores the importance of adhering to statutory notice requirements in lease agreements and the limited authority of tribunals to waive such requirements.