Lewin v Zhou [2018] NSWCATCD 54

Lewin v Zhou [2018] NSWCATCD 54

The Tribunal found only a limited breach of s 52(1) because light mould on bathroom walls and grimy vertical blinds meant parts of the premises were not reasonably clean at the commencement of the tenancy, but the premises were fit for habitation. The Tribunal was not satisfied that the Landlord or Agents interfered with services, breached any identified health or safety statutory obligation, or substantially interfered with the Tenants' quiet enjoyment. The only proven compensable loss caused by the established breach was a nominal amount for cleaning products, assessed at $50.

Jurisdiction
Australia
Judgment Date
03 October 2018
Procedural Posture
Residential Tenancy Compensation Application / Final Decision After Hearing
Outcome
Application allowed in part; otherwise dismissed.
Legal Topics
["tenant's Right to Quiet Enjoyment" "landlord's General Obligations for Residential Premises" 'cleanliness and Fitness for Habitation' 'interference With Services' 'statutory Obligations Relating to Health or Safety' 'compensation for Economic and Non Economic Loss']
['residential Tenancies' 'consumer and Commercial Division Proceedings'] ["tenant's Right to Quiet Enjoyment" "landlord's General Obligations for Residential Premises" 'cleanliness and Fitness for Habitation' 'interference With Services' 'statutory Obligations Relating to Health or Safety' 'compensation for Economic and Non Economic Loss']

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Procedural Posture

Residential Tenancy Compensation Application / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the Landlord breached the obligation under s 52(1) of the Residential Tenancies Act 2010 (NSW) to provide the premises in a reasonable state of cleanliness and fit for habitation.' 'Whether the Landlord breached s 52(2) of the Residential Tenancies Act 2010 (NSW) by interfering with the supply of services to the premises.' 'Whether the Landlord breached s 52(3) of the Residential Tenancies Act 2010 (NSW) by failing to comply with statutory obligations relating to health or safety of the premises.' "Whether the Landlord or the Agents breached the Tenants' right to quiet enjoyment under s 50 of the Residential Tenancies Act 2010 (NSW)." 'If any breach was established, what compensation should be awarded.']

Ratio Decidendi

The Tribunal found only a limited breach of s 52(1) because light mould on bathroom walls and grimy vertical blinds meant parts of the premises were not reasonably clean at the commencement of the tenancy, but the premises were fit for habitation. The Tribunal was not satisfied that the Landlord or Agents interfered with services, breached any identified health or safety statutory obligation, or substantially interfered with the Tenants' quiet enjoyment. The only proven compensable loss caused by the established breach was a nominal amount for cleaning products, assessed at $50.

Court Disposition

Application allowed in part; otherwise dismissed.

Orders

  • ['The respondent, Beilei Zhou of C/- Century 21 Real Estate Carlingford, 314 Pennant Hills Road, Carlingford NSW 2118 is to pay the applicants, Hank and Nipaporn Lewin of 2 Paul Place, Carlingford NSW 2118, the sum of $50 within 28 days.' 'The application is otherwise dismissed because, having considered the...