Strachan v Gabriel

Strachan v Gabriel is a case concerning the applicants' entitlement to a refund of all monies paid to the respondent and the issue of whether the premises were in a state of vacant possession at the commencement of the lease. The matter was heard in the Residential Tenancies Authority. The central legal issues in this case were whether the applicants were entitled to a refund of the entire bond and whether the premises were in a state of vacant possession when the lease began. The applicants argued that the premises were not in a state of vacant possession and therefore, they were entitled to a refund of the entire bond. The respondents, on the other hand, contended that the applicants had failed to establish that the premises were not in a state of vacant possession and that they were therefore not entitled to a refund of the entire bond.

The court found that the applicants had established that the premises were not in a state of vacant possession at the commencement of the lease. This was based on the evidence provided by the applicants, which included photographs and witness statements. The court further found that the respondents had failed to establish that the premises were in a state of vacant possession. As such, the applicants were entitled to a refund of the entire bond. The court also found that the applicants were entitled to an additional sum of $1,120.00, which was to be paid by the respondents to the applicants on or before 31 March 2017. This sum was to be in addition to the amount payable under the first order. The court further directed the Rental Bond Board to pay to the tenant the whole of the bond.