Keith Bannister v David and Mariam Cheung [2014] NSWCATCD 105

Keith Bannister v David and Mariam Cheung [2014] NSWCATCD 105

The tenant did not prove on the balance of probabilities that the premises were unfit for habitation because of mould or that the alleged mould caused the claimed property damage; the Tribunal gave little weight to the mould reports and found the tenant had not attempted to clean the mould or otherwise mitigated loss. However, the landlord breached Section 63 of the Residential Tenancies Act 2010 by failing to repair the leaking bathroom vanity within a reasonable time after notice, warranting compensation of $480.00. Because the tenant had not lawfully terminated the lease, the landlord was entitled to a 4 week break fee, resulting in payment of $1,440.00 from the bond to the landlord...

Jurisdiction
Australia
Judgment Date
19 June 2014
Procedural Posture
Residential Tenancy Compensation Claim and Landlord's Cross Application for Payment of Bond/break Lease Fee / Principal Judgment After Hearing
Outcome
Tenant's compensation claim dismissed except for $480.00 for failure to repair the leaking bathroom vanity; landlord awarded a 4 week break fee, to be satisfied from the rental bond after deducting the tenant's compensation.
Legal Topics
['landlord Obligations' 'fit for Habitation' 'reasonable State of Repair' 'mould in Rental Premises' 'mitigation of Loss' 'rental Bond' 'break Lease Fee']
['residential Tenancy Law'] ['landlord Obligations' 'fit for Habitation' 'reasonable State of Repair' 'mould in Rental Premises' 'mitigation of Loss' 'rental Bond' 'break Lease Fee']

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Procedural Posture

Residential Tenancy Compensation Claim and Landlord's Cross Application for Payment of Bond/break Lease Fee / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the landlord provided the residential premises in a reasonable state of cleanliness and fit for habitation under Section 52 of the Residential Tenancies Act 2010.' 'Whether the landlord breached the obligation to maintain the premises in a reasonable state of repair under Section 63 of the Residential Tenancies Act 2010.' 'Whether alleged mould contamination justified the tenant vacating and terminating the fixed term tenancy without liability for a break fee.' 'Whether the tenant proved loss or damage to personal belongings caused by mould.' 'Whether the tenant mitigated any loss.' "Whether the landlord was entitled to payment from the rental bond for the tenant's early termination of the lease."]

Ratio Decidendi

The tenant did not prove on the balance of probabilities that the premises were unfit for habitation because of mould or that the alleged mould caused the claimed property damage; the Tribunal gave little weight to the mould reports and found the tenant had not attempted to clean the mould or otherwise mitigated loss. However, the landlord breached Section 63 of the Residential Tenancies Act 2010 by failing to repair the leaking bathroom vanity within a reasonable time after notice, warranting compensation of $480.00. Because the tenant had not lawfully terminated the lease, the landlord was entitled to a 4 week break fee, resulting in payment of $1,440.00 from the bond to the landlord...

Court Disposition

Tenant's compensation claim dismissed except for $480.00 for failure to repair the leaking bathroom vanity; landlord awarded a 4 week break fee, to be satisfied from the rental bond after deducting the tenant's compensation.

Orders

  • ['Rental Bond Services is directed to pay the landlord David and Mariam Cheung the sum of $1,440.00 from Rental Bond Number O999884-8.' 'The remainder of the bond is to be paid to the tenant Keith Bannister.']