The application for an order for compensation under s 122

1. The parties entered into a 12 month tenancy agreement that commenced on 5 June 2025 and was due to expire on 3 June 2026. The rent was $730.00 per week. A security deposit in the sum of $2,920.00 was originally held in trust; an amount of $590.06 is currently withheld from the security deposit.
2. The RT08 'Notice of Landlord's Intention to Retain Security Deposit' records that the premises were 'vacated or abandoned' on 8 December 2025.
3. The applicant seeks an order for compensation in the sum of $590.06 pursuant to section 122 of the Act for 'loss caused to the landlord in securing new tenants' as follows:

1. Section 122(5)(c) of the Act provides that the Tribunal is not to make an order for compensation under s 122 in respect of a termination of a fixed term tenancy before the end of the tenancy agreement of more than:

(i) if less than half of the agreed term of the tenancy agreement has elapsed - 28 days rent; or

(ii) otherwise - 14 days rent

1. In this case, slightly more than half of the agreed term of the tenancy agreement had elapsed, meaning that the maximum amount of compensation that can be ordered is 14 days rent, namely $1,460.00.

1. Having regard to the evidence before the Tribunal, I am satisfied that there should be an award of compensation under s 122 of the Act in the amount claimed, being $590.06.
2. There is evidence of a cost of $204.00 being incurred for advertising costs. Further, there is evidence that the respondents were given the option to advertise the property themselves, however they chose to have the applicant's agent advertise the premises at their cost.
3. The applicant seeks to pass on a reletting fee of $386.06 to the respondents. I am satisfied that this amount can be claimed as compensation from the respondents in the circumstances of this case, having regard to the following matters:
   1. the Residential Management Agreement provides for a letting fee of one week's rent + GST ($803);
   2. in December 2025 the applicant paid her agent a letting fee of $803[1];
   3. at the hearing, the applicant's agent gave evidence describing the work done to secure new tenants;
   4. the new tenants entered into a tenancy agreement for the period 8 December 2025 to 3 June 2026, being the balance of the period of the respondents' tenancy;
   5. the amount of the letting fee being claimed from the respondents is $386.06[2].
4. In conclusion, I am satisfied that the respondents ought to be ordered to pay compensation of $590.06 to the applicant. This amount does not exceed the statutory cap referred to at [11] above.
5. Upon the making of this compensation order, the sum held on trust will be available to the applicant.

1. As to costs, I am satisfied there should be an award of costs in the sum of $82.00[3] pursuant to section 132(1A) of the Northern Territory Civil and Administrative Tribunal Act 2014 (NT).

1. The respondents are to pay the applicant compensation pursuant to section 122 of the Act in the sum of $590.06.
2. The respondents are to pay the applicant costs in the sum of $82.00 by 30 March 2026.

[1] This is apparent from statements 127 and 128; the letting fee was deducted in two tranches from rental income to be paid to the applicant.

[2] An amount which the applicant's agent submits was calculated with reference to a reletting fee formula previously published by Northern Territory Consumer Affairs.