Ebbelid and anor v Qin [2014] NSWCATCD 173

Ebbelid and anor v Qin [2014] NSWCATCD 173

The landlord failed to provide and maintain the premises in a reasonable state of repair; premises became uninhabitable due to defects and water leaks; tenants entitled to compensation for moving expenses and damage to property, but not for medicine or ambulance costs due to insufficient causal link. Rent abates due...

Source-derived case information.

Parties
Applicant: Pernilla Ebbelid; Applicant: Tomi Ebbelid; Respondent: Minqyu Qin
Jurisdiction
Australia
Judgment Date
03 September 2014
Procedural Posture
Residential Tenancy Dispute / Final Judgment
Outcome
Landlord ordered to pay damages, tenants ordered to pay arrears of rent, bond to be returned to tenants; landlord's application for compensation dismissed.
Legal Topics
Habitable Premises, Damages, Rent Abatement, Compensation, Repairs
Residential Tenancies Property Law Habitable Premises Damages Rent Abatement Compensation Repairs

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Parties

Pernilla Ebbelid

Applicant

Tomi Ebbelid

Applicant

Minqyu Qin

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Judgment

Legal Issues

  1. 1 Whether the landlord maintained the premises in a reasonable state of repair
  2. 2 Whether the premises became uninhabitable during the tenancy
  3. 3 Whether tenants are entitled to compensation for damages and moving expenses

Ratio Decidendi

The landlord failed to provide and maintain the premises in a reasonable state of repair; premises became uninhabitable due to defects and water leaks; tenants entitled to compensation for moving expenses and damage to property, but not for medicine or ambulance costs due to insufficient causal link. Rent abates due to uninhabitability from the date of initial Tribunal orders until vacation; bond is to be returned to tenants.

Court Disposition

Landlord ordered to pay damages, tenants ordered to pay arrears of rent, bond to be returned to tenants; landlord's application for compensation dismissed.

Orders

  • The landlord is to pay to the tenants damages in the amount of $8,846.00 immediately
  • The tenants are to pay the landlord arrears of rent $574.29 immediately