Forbes v Estate Of Richard Gooderham

Tenant wins · Perth · 2022-02-04

Adjudicator

Sandra Macchione

Dispute

Abandonment, Damages

Landlord

C.F.

Tenant

E.O.R.G., W.G.

Landlord rep

Christian Forbes

What happened

Landlord applied for an order to terminate the tenancy, claiming the Tenants abandoned the unit and caused undue damage to the premises. The Landlord also sought compensation for damages. The application was dismissed due to lack of evidence supporting abandonment and willful or negligent damage.

The ruling

The Landlord's application for termination of tenancy and compensation for damages was dismissed. The Board determined that the evidence did not support the claim of abandonment, and the tenancy could not be deemed terminated due to one tenant's death as the other tenant was still alive and owned the mobile home on the land. There was also no evidence presented to establish willful or negligent damage caused by the Tenants.