Aboriginal Housing Office v Dennis [2021] NSWCATAP 52

Aboriginal Housing Office v Dennis [2021] NSWCATAP 52

The Tribunal erred in holding no cause of action for compensation existed as the tenancy remained on foot; an allegation of breach of s 51(1)(d) creates a cause of action during the tenancy, and an application for compensation is not dependent on the tenancy coming to an end.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Appeal / Appeal Decision
Outcome
appeal upheld
Legal Topics
['compensation During Tenancy' 'statutory Interpretation' 'breach of Tenancy Obligations']
['residential Tenancy Law'] ['compensation During Tenancy' 'statutory Interpretation' 'breach of Tenancy Obligations']

Case Brief

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Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether a landlord can claim compensation for damage to residential premises during the tenancy under s 51(1)(d) of the Residential Tenancies Act 2010 (NSW)' 'Whether the Tribunal erred in concluding no cause of action for compensation existed as the tenancy remained on foot']

Ratio Decidendi

The Tribunal erred in holding no cause of action for compensation existed as the tenancy remained on foot; an allegation of breach of s 51(1)(d) creates a cause of action during the tenancy, and an application for compensation is not dependent on the tenancy coming to an end.

Court Disposition

appeal upheld

Orders

  • ['Appeal upheld and order 5 made 20 October 2020 in application SH 20/33145 is set aside.' 'The Appellants application for compensation is remitted to the Consumer and Commercial Division of the Tribunal for hearing and determination.']