Xiaoxia Qui v A & S Renard [2015] NSWCATCD 125

Xiaoxia Qui v A & S Renard [2015] NSWCATCD 125

The Tribunal found that the clerical mistake regarding the end date of the tenancy agreement did not amount to an agreed variation of the fixed term. The tenants could not rely on the mistake to terminate early, having been notified of the true intention. The landlord was entitled to compensation under clause 41 of the agreement and section 107 of the Residential Tenancies Act 2010 for abandonment, with the sum calculated to four weeks rent. Claims for cleaning and some rent arrears were rejected for want of evidence, with only $600 in rent arrears found owing. After offsetting the tenants’ successful counterclaim in separate proceedings, $4,800.00 was awarded to the landlord from the...

Jurisdiction
Australia
Judgment Date
29 September 2015
Procedural Posture
Residential Tenancy Dispute / Hearing and Determination of Landlord's Claim
Outcome
Application partly allowed. Orders made to pay landlord from rental bond.
Legal Topics
['mistake in Contract' 'break Lease Fee' 'compensation for Abandonment' 'rent Arrears' 'cleaning Fees']
['residential Tenancies' 'contract Law'] ['mistake in Contract' 'break Lease Fee' 'compensation for Abandonment' 'rent Arrears' 'cleaning Fees']

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Procedural Posture

Residential Tenancy Dispute / Hearing and Determination of Landlord's Claim

Legal Issues

  1. 1 ['Whether the tenants could rely on a clerical mistake in the residential tenancy agreement to terminate the tenancy prior to the end of the fixed term' "Determination of the landlord's entitlement to break lease fee and other compensation"]

Ratio Decidendi

The Tribunal found that the clerical mistake regarding the end date of the tenancy agreement did not amount to an agreed variation of the fixed term. The tenants could not rely on the mistake to terminate early, having been notified of the true intention. The landlord was entitled to compensation under clause 41 of the agreement and section 107 of the Residential Tenancies Act 2010 for abandonment, with the sum calculated to four weeks rent. Claims for cleaning and some rent arrears were rejected for want of evidence, with only $600 in rent arrears found owing. After offsetting the tenants’ successful counterclaim in separate proceedings, $4,800.00 was awarded to the landlord from the...

Court Disposition

Application partly allowed. Orders made to pay landlord from rental bond.

Orders

  • ['The Rental Bond Service is to pay to the applicant landlord $4,800.00 from the Rental Bond.' 'The balance of the bond is to be paid to the respondent tenants.']