Murphy v Pitt [2017] NSWCATCD 44

Murphy v Pitt [2017] NSWCATCD 44

The landlord breached the statutory obligation under Section 49 of the Residential Tenancies Act 2010 by failing to ensure the premises were lawfully approved for occupation; consequently, she had no lawful basis to terminate the tenancy agreement for frustration under Section 109. The tenants suffered losses directly resulting from the breach, including increased rent and moving expenses, for which the landlord is liable to compensate.

Parties
Applicants: Kieran and Jeanine Murphy; Respondent: Janelle Pitt
Jurisdiction
Australia
Judgment Date
06 June 2017
Procedural Posture
Residential Tenancy Dispute / Final Decision
Outcome
damages awarded
Legal Topics
Wrongful Termination of Tenancy, Damages Assessment, Breach of Landlord’s Statutory Obligation, Premises Compliance, Frustration of Contract
Residential Tenancy Law Contracts Consumer Law Wrongful Termination of Tenancy Damages Assessment Breach of Landlord’s Statutory Obligation Premises Compliance Frustration of Contract

Case Brief

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Parties

Kieran and Jeanine Murphy

Applicants

Janelle Pitt

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Decision

Legal Issues

  1. 1 Whether the landlord breached statutory obligations by renting premises not lawfully approved for occupation
  2. 2 Whether the landlord had lawful grounds to terminate the residential tenancy agreement
  3. 3 Entitlement and quantification of damages owed to tenants

Ratio Decidendi

The landlord breached the statutory obligation under Section 49 of the Residential Tenancies Act 2010 by failing to ensure the premises were lawfully approved for occupation; consequently, she had no lawful basis to terminate the tenancy agreement for frustration under Section 109. The tenants suffered losses directly resulting from the breach, including increased rent and moving expenses, for which the landlord is liable to compensate.

Court Disposition

damages awarded

Orders

  • The respondent is to pay the applicants the amount of $3,490.00 immediately