Kings v Chand [2019] NSWCATAP 180

Kings v Chand [2019] NSWCATAP 180

The absence of an occupation certificate at the commencement of the tenancy meant the landlord breached s 49(1) of the Residential Tenancies Act, but did not render the tenancy agreement void and unenforceable; compensation for unpaid rent and utilities was properly ordered.

Jurisdiction
Australia
Judgment Date
17 July 2019
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
The appeal is allowed in part.
Legal Topics
['statutory Illegality' 'occupation Certificate' 'breach of Tenancy Agreement' 'remedies and Compensation']
['residential Tenancy' 'administrative Law'] ['statutory Illegality' 'occupation Certificate' 'breach of Tenancy Agreement' 'remedies and Compensation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether landlord contravened s 49(1) of Residential Tenancies Act 2010 (NSW)' 'Whether the residential tenancy agreement was void and unenforceable due to lack of occupation certificate under Environmental Planning and Assessment Act' 'Whether an occupation certificate was required for the subject premises at the commencement of the agreement' 'Whether tenant was required to compensate landlord for alleged abandonment and unpaid utilities']

Ratio Decidendi

The absence of an occupation certificate at the commencement of the tenancy meant the landlord breached s 49(1) of the Residential Tenancies Act, but did not render the tenancy agreement void and unenforceable; compensation for unpaid rent and utilities was properly ordered.

Court Disposition

The appeal is allowed in part.

Orders

  • ['The Appeal is allowed.' 'Order 1 made by the Tribunal on 28 February 2019 is set aside.' 'Order 2 made by the Tribunal on 28 February 2019 is confirmed.' 'Order 3 made by the Tribunal on 28 February 2019 is set aside and substituted: Within 14 days Mr Chand must pay Mr Kings $909.15 for failure to give required...