Disputes Tribunal of New Zealand

Contract / verbal contract / implied terms / Applicant was the flatmate of Respondent / Applicant left after one month / Applicant claims Respondent owes a refund of $180.00 being one week’s rent paid in advance / Respondent argued no notice was given / verbal agreement did not include a notice period / issue is whether Respondent is liable to refund any rent to Applicant / Held: terms can be implied into a contract where the contract is silent or not clear / Applicant should have given at least one week’s notice / Respondent is entitled to keep $180.00 being one week’s rent in lieu of notice / Applicant’s claim is dismissed.