1. The landlord claims compensation pursuant to s.210 of the RTA because the tenants terminated the fixed term tenancy by an email dated 7 August 2015 and vacated the premises on 10 August 2015.
2. The landlords re advertised the premises upon the tenant vacating the property. However, the response to the advertisement was after a period of approximately one month they reduce the rent by $50.00 per week for the purposes of securing a tenant and to mitigate their loss. The property was re-let on 9 October 2015.
3. Therefore, I find that the landlord is entitled to be compensation for the loss incurred as a result of the tenants' termination of the fixed term tenancy including:

1. lost rent from 15 August 2015 to 9 October 2015; 2. the difference in rent of $50.00 from 10 October 2015 to the end of the fixed term on 20 February 2016.

1. Pro-rata adverting and letting fees.
2. All other claims by the landlord including steam carpet cleaning and damages for rent loss beyond the fixed term are dismissed on the basis that they have either not been proven or do not arise out of the tenancy agreement.
3. I therefore find that that pursuant to s.210 of the RTA the tenants are liable to the landlord for the total amount of $4,597.06 calculated as follows:

1. $466.34 for pro-rata letting fee and adverting costs from 15 August 2015 to 20 February 2016; 2. $3,190.88 being total loss of rent from 15 August 2015 to 9 October 2015 (56 days at $56.98 per day);

1. $939.84 being the difference in rent of $50.00 per week from 10 October 2015 to 20 February 2016 (132 days at $7.12 per day).

1. The landlord commenced proceeding No 20915/41111 seeking an order restraining the tenant from making public any of the matters raised in proceeding No 2015/41115 public and from disclosing any matter arising out of the tenancy agreement or any other tenancy relating to the rented premises.
2. This proceeding is no longer relevant and accordingly the landlord's application in proceeding No 20915/41111 is dismissed.

1. For the reasons provided herein I order that proceeding No R201541111 is dismissed.
2. As to proceeding R201541115:

(i) The rent loss due to breach of fixed term is allowed at $4,130.72

(ii) Re letting fee and advertising costs allowed at $466.34

(iii) The tenants have paid a bond of $2,400.00.

(i) The tenants counterclaim is dismissed.

(ii) Direct the Residential Tenancies Bond Authority to pay the landlord $2,400.00.

(iii) The tenant shall pay to the landlord compensation fixed at $2,197.06 being the balance after the deduction of the bond.

(iv) The tenants pursuant to s.115B of the Victorian Civil and Administrative Tribunal Act 1998 shall reimburse the landlord the application fee of 59.80.

[1] Condensation Report for the Owners Corporation at 37 Yambla Street Clifton Hill dated 23 April 2013 by Buildcheck, Engineering and Building Consultants p.8

[2] Zeus and Ra Pty Ltd v Nicolaou [2003] VSCA 11; (2003) 6 VR 606; McAlindon V Maddock (Residential Tenancies) [2014] VCAT 96 (28 January 2014)

[3] Section 4 Competition and Consumer Act 2010

[4] Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 2 ATPR per Deane & Fitzgerald JJ @ P.200

[5] ACCC v Dukemaster Pty Ltd [2009] FCA 682

[7] Proufoot v Hart (1980) 25 QBD 42.