Published 31 July 2016
Residential Tenancies Act 1986, s 117 —Tenancy Tribunal appeal — contract —binding agreement. The landlord appealed a Tenancy Tribunal decision requiring it to pay tenants $579.30. The two matters under appeal were a finding that the first tenancy agreement (lower rental price) was binding and an award for exemplary damages for a late bond lodgement. The key issue was which of two tenancy agreements was binding. Basic principles of contract law guided the adjudicator’s decision. The Judge dismissed the appeal in respect of rental price, stating that the adjudicator’s decision that the first agreement was binding was correct in law. The appeal against the exemplary damages order was granted.
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