Hughes v De Silva; De Silva v Hughes [2019] NSWCATCD 86

Hughes v De Silva; De Silva v Hughes [2019] NSWCATCD 86

The Tribunal was not satisfied on the evidence that the premises were not fit for habitation or not in a reasonable state of cleanliness at tenancy commencement. Accordingly, the Tenant’s claims for compensation and rent reduction fail. The Landlord's claim for break fee compensation is dismissed because the tenancy was terminated by Tribunal order, not by abandonment, and in the alternative discretion would not be exercised to award it.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Tenancy Dispute (compensation, Rent Reduction, Break Fee) / Final Hearing and Determination
Outcome
Both parties' claims for compensation and break fee are dismissed; rental bond is to be returned to the tenant.
Legal Topics
['fitness for Habitation' 'cleanliness' 'break Fee' 'compensation' 'rent Reduction']
['residential Tenancies' 'consumer Law'] ['fitness for Habitation' 'cleanliness' 'break Fee' 'compensation' 'rent Reduction']

Case Brief

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Procedural Posture

Tenancy Dispute (compensation, Rent Reduction, Break Fee) / Final Hearing and Determination

Legal Issues

  1. 1 ['Did the Landlord comply with its obligation to provide the premises in a reasonable state of cleanliness and fit for habitation under Section 52 of the Residential Tenancies Act 2010 (NSW)?' 'Is the tenant entitled to compensation, rent reduction, or reimbursement for cleaning/pest control/lawn maintenance?' 'Is the Landlord entitled to a break lease fee under Section 107 and Clause 41 of the Residential Tenancy Agreement?']

Ratio Decidendi

The Tribunal was not satisfied on the evidence that the premises were not fit for habitation or not in a reasonable state of cleanliness at tenancy commencement. Accordingly, the Tenant’s claims for compensation and rent reduction fail. The Landlord's claim for break fee compensation is dismissed because the tenancy was terminated by Tribunal order, not by abandonment, and in the alternative discretion would not be exercised to award it.

Court Disposition

Both parties' claims for compensation and break fee are dismissed; rental bond is to be returned to the tenant.

Orders

  • ["The Tenant's application for compensation and rent reduction is dismissed." "The Landlord's application for compensation is dismissed." 'Rental Bond Services is to pay the whole rental bond and interest to Ms Annie Hughes.']