Strachan v Gabriel [2017] NSWCATCD 18

Strachan v Gabriel [2017] NSWCATCD 18

Failure by landlord to provide vacant possession (use of shed for landlord’s goods) and failure to provide a reasonable state of cleanliness at move-in constituted a breach, entitling tenant to terminate lease without penalty and receive refund of monies paid.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Residential Tenancy Dispute / Final Decision
Outcome
Applicant entitled to termination without penalty, refund of entire bond, and additional compensation.
Legal Topics
['vacant Possession' 'cleanliness of Leased Premises' 'termination of Lease' 'refund of Bond' 'break Lease Fee']
['residential Tenancies' 'consumer Protection'] ['vacant Possession' 'cleanliness of Leased Premises' 'termination of Lease' 'refund of Bond' 'break Lease Fee']

Source-derived case record

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Procedural Posture

Residential Tenancy Dispute / Final Decision

Legal Issues

  1. 1 ['Whether the landlord failed to deliver vacant possession at the commencement of the lease' 'Whether the premises were provided in a reasonable state of cleanliness on the move-in date' 'Whether the tenant was entitled to terminate the lease without penalty']

Ratio Decidendi

Failure by landlord to provide vacant possession (use of shed for landlord’s goods) and failure to provide a reasonable state of cleanliness at move-in constituted a breach, entitling tenant to terminate lease without penalty and receive refund of monies paid.

Court Disposition

Applicant entitled to termination without penalty, refund of entire bond, and additional compensation.

Orders

  • ['Rental Bond Board directed to pay tenant the whole of the bond ($2,240.00)' 'Respondents to pay applicant $1,120.00 on or before 31 March 2017']