Chris Cavallaro v Mary Wilkan [2014] NSWCATCD 115

The Tribunal found the landlord breached the agreement by failing to repair the bathroom, leading to part of the premises being unusable and not fit for habitation, justifying rent abatement of 33% for the period of tenancy.

Jurisdiction: Australia
Judgment Date: 08 July 2014
Procedural Posture: Tenancy Dispute / Determination After Hearing
Outcome: The respondent is to pay the applicant $2,274.80 immediately.
Legal Topics: ['rent Abatement' 'breach of Residential Tenancy Agreement' 'fitness for Habitation' 'repairs by Landlord']

['residential Tenancy Law'] ['rent Abatement' 'breach of Residential Tenancy Agreement' 'fitness for Habitation' 'repairs by Landlord']

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Procedural Posture

Tenancy Dispute / Determination After Hearing

Legal Issues

1 ['Whether the landlord breached the tenancy agreement by failing to keep premises in reasonable repair and fit for habitation' 'Whether the tenant is entitled to rent abatement and compensation for breach']

Ratio Decidendi

Court Disposition

The respondent is to pay the applicant $2,274.80 immediately.

Orders

['The respondent is to pay the applicant $2,170.80 for abated rent.' 'The respondent is to pay the applicant $96.80 for the electricity disconnection fee.']