ROWENA and JASON THOMSON & KARL and RAFA MARJAN (Residential Tenancies)

The parties involved in the Residential Tenancies Tribunal case are Rowena and Jason Thomson, the applicants, and Karl Marjan, the first respondent. The dispute centres around the unlawful termination of a lease agreement. The second respondent did not appear in court. The applicants sought damages for the improper termination of their lease. The tribunal was tasked with determining whether the lease was indeed unlawfully terminated and, if so, the appropriate compensation for the applicants.

The primary legal issue the tribunal had to resolve was whether the lease was terminated unlawfully. The applicants argued that the lease was terminated without proper cause and that they were evicted without adequate notice. The first respondent contended that the lease was terminated for a valid reason, potentially due to breach of lease terms by the applicants. The tribunal had to examine the evidence presented by both parties, including the terms of the lease, the circumstances of the termination, and any communications between the parties, to ascertain the validity of the termination.

In reaching its decision, the tribunal considered the evidence and determined that the lease was indeed terminated unlawfully. The tribunal found that the applicants were not given adequate notice of termination and that there was no valid reason for the termination as per the lease agreement. Consequently, the tribunal awarded the applicants $2,500.00 in damages for the unlawful termination. The first respondent was given 60 days to pay the judgment debt, which should be sent by registered post to the specified address.