So v Dou [2022] NSWCATAP 179

So v Dou [2022] NSWCATAP 179

The Tribunal erred in finding landlord failed to mitigate loss solely because of initial higher asking rent, without considering all factual circumstances. Landlord acted reasonably and complied with mitigation duty. Compensation claim should not have been rejected.

Jurisdiction
Australia
Judgment Date
30 May 2022
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['mitigation of Loss' 'compensation for Abandonment' 'fixed Term Lease' 'break Fee Clauses']
['tenancy Law'] ['mitigation of Loss' 'compensation for Abandonment' 'fixed Term Lease' 'break Fee Clauses']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['whether landlord failed to mitigate loss following tenant abandonment' 'whether compensation or break fee is payable under the relevant lease and statute']

Ratio Decidendi

The Tribunal erred in finding landlord failed to mitigate loss solely because of initial higher asking rent, without considering all factual circumstances. Landlord acted reasonably and complied with mitigation duty. Compensation claim should not have been rejected.

Court Disposition

appeal upheld

Orders

  • ['Appeal upheld.' 'The orders of the Tribunal dated 21 February 2022 are set aside.' 'The respondents are to pay the appellant the sum of $8,800 immediately.']