Raats v Zein [2016] NSWCATCD 62

Raats v Zein [2016] NSWCATCD 62

Landlord breached obligation to provide residential premises fit for habitation at commencement of tenancy; tenants are entitled to compensation for reasonable removal costs incurred as a natural consequence of the breach.

Parties
Applicants: Rayno and Monique Raats; Respondent: Mohsen Zein
Jurisdiction
Australia
Judgment Date
07 September 2016
Procedural Posture
Residential Tenancy Compensation Claim / Final Judgment
Outcome
Application granted in part
Legal Topics
Compensation for Removal Costs, Uninhabitable Premises, Landlord Obligations, Early Termination
Residential Tenancy Consumer Law Compensation for Removal Costs Uninhabitable Premises Landlord Obligations Early Termination

Case Brief

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Parties

Rayno and Monique Raats

Applicants

Mohsen Zein

Respondent

Procedural Posture

Residential Tenancy Compensation Claim / Final Judgment

Legal Issues

  1. 1 Whether premises were uninhabitable at start of tenancy
  2. 2 Whether landlord breached obligation to provide premises fit for habitation
  3. 3 Whether tenants are entitled to compensation for removal costs

Ratio Decidendi

Landlord breached obligation to provide residential premises fit for habitation at commencement of tenancy; tenants are entitled to compensation for reasonable removal costs incurred as a natural consequence of the breach.

Court Disposition

Application granted in part

Orders

  • Mohsen Zein is to pay Rayno and Monique Raats $1,763.08 immediately.
  • Application otherwise dismissed.