Tran v Tennant & Anor (Residential Tenancies)

The case of Tran v Tennant & Anor involved a dispute between a lessor and tenants regarding compensation for early termination of a fixed-term residential tenancy. The lessor, Ms Tran, sought compensation under section 84 of the Residential Tenancies Act 1997 (RT Act) for lost rent and costs associated with advertising and reletting the property after the tenants, Mr and Ms Tennant, vacated the premises prior to the end of the fixed term. The ACT Civil and Administrative Tribunal (ACAT) was tasked with determining the amount of compensation payable and the release of the bond. The Tribunal concluded that the lessor was entitled to compensation for the loss of rent and costs incurred in reletting the property, subject to certain reductions. The Tribunal found that the lessor had taken reasonable steps to mitigate her loss, including advertising the property promptly and considering a new tenant despite his preference for a shorter tenancy. However, the Tribunal reduced the compensation by $400 to account for the possibility that an earlier reduction in the rental amount might have mitigated some of the lessor's loss. The final orders required the tenants to pay the lessor $1,655.70 for lost rent and $290 for advertising and reletting costs, with the bond amount to be released by the Office of Rental Bonds in part satisfaction of the order.