Fitzharris v Llic [2019] NSWCATCD 81

Fitzharris v Llic [2019] NSWCATCD 81

The landlord breached statutory and contractual obligations by failing to provide and maintain premises in a reasonable state of cleanliness and repair and fit for habitation. Mould and water damage rendered the property uninhabitable, entitling the tenant to compensation for economic and non-economic loss.

Jurisdiction
Australia
Judgment Date
24 June 2019
Procedural Posture
Residential Tenancy Claim / Final Hearing and Orders
Outcome
Claim upheld; compensation and special damages awarded
Legal Topics
['breach of Landlord Obligations' 'reasonable State of Cleanliness' 'fitness for Habitation' 'compensation for Breach' 'termination of Tenancy Agreement']
['residential Tenancy' 'consumer Law'] ['breach of Landlord Obligations' 'reasonable State of Cleanliness' 'fitness for Habitation' 'compensation for Breach' 'termination of Tenancy Agreement']

Case Brief

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Procedural Posture

Residential Tenancy Claim / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether the landlord breached statutory and contractual obligations to provide reasonably clean and fit premises' 'Whether the landlord breached the general obligation to maintain premises in reasonable repair' 'Whether the tenant is entitled to compensation for breach']

Ratio Decidendi

The landlord breached statutory and contractual obligations by failing to provide and maintain premises in a reasonable state of cleanliness and repair and fit for habitation. Mould and water damage rendered the property uninhabitable, entitling the tenant to compensation for economic and non-economic loss.

Court Disposition

Claim upheld; compensation and special damages awarded

Orders

  • ['The Residential Tenancy Agreement was terminated by consent.' 'Respondents to pay applicant $3120.00 for rent refund.' 'Respondents to pay applicant $500.00 general damages for inconvenience.' 'Respondents to pay applicant removalist costs $1890.04.' 'Respondents to pay applicant $1815.00 for SESA mould inspection...