McKinney v Lizza [2021] NSWCATCD 95

McKinney v Lizza [2021] NSWCATCD 95

Applicants were notified prior to entering the second tenancy agreement that sub-letting for holiday accommodation was prohibited by the council; therefore, they were not induced to enter the second agreement by a previous false representation and, further, failed to mitigate their loss by not accepting release from the tenancy.

Jurisdiction
Australia
Judgment Date
06 September 2021
Procedural Posture
Tenancy Dispute / Final Determination
Outcome
Application dismissed
Legal Topics
['compensation Under Residential Tenancies Act' 'false Representation' 'sub Letting' 'mitigation of Loss']
['tenancy' 'consumer Law'] ['compensation Under Residential Tenancies Act' 'false Representation' 'sub Letting' 'mitigation of Loss']

Case Brief

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Procedural Posture

Tenancy Dispute / Final Determination

Legal Issues

  1. 1 ['Whether applicants were induced by a false representation to enter tenancy agreement' 'Whether compensation is payable under section 26(1) of the Residential Tenancies Act 2010 (NSW)' 'Whether applicants failed to mitigate their loss']

Ratio Decidendi

Applicants were notified prior to entering the second tenancy agreement that sub-letting for holiday accommodation was prohibited by the council; therefore, they were not induced to enter the second agreement by a previous false representation and, further, failed to mitigate their loss by not accepting release from the tenancy.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']