Connell v Petersen [2022] NSWCATCD 122

Connell v Petersen [2022] NSWCATCD 122

The landlord breached his obligations under the Residential Tenancies Act 2010 and the Uncollected Goods Act 1995 by unlawfully locking out the tenant and failing to safeguard her belongings, entitling the tenant to return of bond and compensation for damages, including storage costs.

Parties
Applicant: Amy Connell; Respondent: Peter Petersen
Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Residential Tenancy Dispute / Final Determination
Outcome
Applicant successful
Legal Topics
Quiet Enjoyment, Return of Bond, Compensation for Loss or Damage, Landlord's Obligations, Unlawful Lockout, Uncollected Goods
Tenancy Consumer Quiet Enjoyment Return of Bond Compensation for Loss or Damage Landlord's Obligations Unlawful Lockout Uncollected Goods

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Parties

Amy Connell

Applicant

Peter Petersen

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Determination

Legal Issues

  1. 1 Whether the landlord unlawfully locked out the tenant
  2. 2 Whether the landlord breached his obligation to safeguard tenant's belongings
  3. 3 Entitlement to return of bond

Ratio Decidendi

The landlord breached his obligations under the Residential Tenancies Act 2010 and the Uncollected Goods Act 1995 by unlawfully locking out the tenant and failing to safeguard her belongings, entitling the tenant to return of bond and compensation for damages, including storage costs.

Court Disposition

Applicant successful

Orders

  • The respondent is to pay the applicant the sum of $2,259 within 14 days of the date of this order.