Craig Kentell v Oliver Steele Oliver Steele v Craig Kentell [2014] NSWCATCD 102

Craig Kentell v Oliver Steele Oliver Steele v Craig Kentell [2014] NSWCATCD 102

The Tribunal granted both rehearing applications because the interests of justice and procedural fairness required the parties to have an opportunity to be heard. On rehearing, the tenant proved limited compensable loss for the landlord's failure to provide the agreed powder room and to repair the range hood light, dishwasher and balcony, but failed to prove loss for other claimed items. The earlier subtenancies did not justify termination because of the landlord's awareness and lack of objection, but the tenant's August 2013 subletting of his own room after moving out amounted to subletting the whole premises without written permission, breached clause 32, and was sufficient to justify...

Jurisdiction
Australia
Judgment Date
23 January 2014
Procedural Posture
Residential Tenancy Dispute / Applications for Rehearing Granted; Rehearing of Tenant's Compensation Application and Landlord's Termination Application
Outcome
Tenant awarded compensation of $3,520.00; residential tenancy agreement terminated; possession ordered with suspension until 10 February 2014 and occupation fee payable.
Legal Topics
['compensation' 'termination' 'rehearing' 'procedural Fairness' 'subletting' 'repairs']
['residential Tenancy Law' 'civil and Administrative Procedure'] ['compensation' 'termination' 'rehearing' 'procedural Fairness' 'subletting' 'repairs']

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Procedural Posture

Residential Tenancy Dispute / Applications for Rehearing Granted; Rehearing of Tenant's Compensation Application and Landlord's Termination Application

Legal Issues

  1. 1 ['Whether each party should be granted a rehearing under section 68 of the Consumer Trader and Tenancy Tribunal Act 2001.' 'Whether the landlord was liable to pay compensation for failure to complete agreed works or repairs under the residential tenancy agreement.' "Whether the tenant breached clause 32 of the residential tenancy agreement by subletting without the landlord's written permission." 'Whether any breach by the tenant was sufficient to justify termination under s 87 of the Residential Tenancies Act 2010.']

Ratio Decidendi

The Tribunal granted both rehearing applications because the interests of justice and procedural fairness required the parties to have an opportunity to be heard. On rehearing, the tenant proved limited compensable loss for the landlord's failure to provide the agreed powder room and to repair the range hood light, dishwasher and balcony, but failed to prove loss for other claimed items. The earlier subtenancies did not justify termination because of the landlord's awareness and lack of objection, but the tenant's August 2013 subletting of his own room after moving out amounted to subletting the whole premises without written permission, breached clause 32, and was sufficient to justify...

Court Disposition

Tenant awarded compensation of $3,520.00; residential tenancy agreement terminated; possession ordered with suspension until 10 February 2014 and occupation fee payable.

Orders

  • ['Craig Kentell of [...] Redfern is to pay Oliver Steele of [...] Alexandria the sum of $3,520.00 within 21 days of the date of this order.' 'The Residential Tenancy Agreement is hereby terminated in accordance with s 87 of the Residential Tenancies Act 2010 as the tenant has breached clause 32 of the agreement.'...