Lazarevska v Ozturk [2017] NSWCATCD 21

Lazarevska v Ozturk [2017] NSWCATCD 21

The landlord breached statutory obligations to ensure no legal impediment to occupation, provide premises fit for habitation, and uphold quiet enjoyment; however, the tenant is entitled to compensation for diminished enjoyment and amenity, not the full refund of rent, assessed at one-third of the rent paid during the tenancy.

Parties
Applicant Tenant: Kymberly Lazarevska; Respondent Landlord: Cem Ozturk
Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Residential Tenancy Dispute / Final Determination by Tribunal
Outcome
Orders for partial compensation; application otherwise dismissed.
Legal Topics
Quiet Enjoyment, Fitness for Habitation, Compensation, Legal Impediment to Occupation
Residential Tenancies Consumer Law Quiet Enjoyment Fitness for Habitation Compensation Legal Impediment to Occupation

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Parties

Kymberly Lazarevska

Applicant Tenant

Cem Ozturk

Respondent Landlord

Procedural Posture

Residential Tenancy Dispute / Final Determination by Tribunal

Legal Issues

  1. 1 Whether landlord breached obligations by failing to ensure no legal impediment to occupation under section 49 of the Residential Tenancies Act 2010
  2. 2 Whether landlord breached tenant's right to quiet enjoyment under section 50 of the Residential Tenancies Act 2010
  3. 3 Whether premises were provided in a state fit for habitation under section 52 of the Residential Tenancies Act 2010

Ratio Decidendi

The landlord breached statutory obligations to ensure no legal impediment to occupation, provide premises fit for habitation, and uphold quiet enjoyment; however, the tenant is entitled to compensation for diminished enjoyment and amenity, not the full refund of rent, assessed at one-third of the rent paid during the tenancy.

Court Disposition

Orders for partial compensation; application otherwise dismissed.

Orders

  • Cem Ozturk to pay Kymberly Lazarevska the sum of $1,280.00 by 14 April 2016.
  • Application otherwise dismissed.