#54757
TrulEConcerned
Flatchatter

    Jimmy-T wrote

    I’m still not 100 percent sure of the timeline here.  The tenants vacated early, you took them to NCAT, you lost there, Correct?  So you then, thereafter, you took the renovator to court and lost there?  Is that correct?

    Yes. Tenants vacated  several months before the lease expired. Under the lease they were to pay 6 weeks rent as the penalty for vacating early for any reason. I took them to NCAT seeking enforcement of the lease, by Mr Member allowed them to escape liability because he agreed with them that their ability to live and work in quiet, that is their “peaceful enjoyment”, was stripped from them and that it was the landlord’s job to ensure that their peace is not violated. Regardless of who violates it.

    I then applied to the Local Court, which heard the matter many months later, seeking the renovator reimburse me for my loss of rent as per the lease agreement i.e. 6 weeks. Of course the real loss to me was the time the premises sat empty: from the day the tenants vacated until the place was re-let. From memory it was nearly 6 months.