Al-Basry v Maharaj [2022] NSWCATCD 9

Al-Basry v Maharaj [2022] NSWCATCD 9

No breach of the Residential Tenancies Act or lease terms found; presence of asbestos and SMF did not render premises unfit for habitation on objective evidence; tenants failed to prove contamination or entitlement to compensation; landlord entitled to rent arrears, break fee, partial removal and cleaning costs, lock change cost, and bond.

Jurisdiction
Australia
Judgment Date
07 February 2022
Procedural Posture
Residential Tenancy Dispute / Principal Judgment
Outcome
Landlord partially successful; tenants' application dismissed
Legal Topics
['termination of Tenancy' 'compensation' 'asbestos Contamination' 'rent Arrears' 'break Lease' 'bond Recovery' 'repair and Cleanliness Obligations']
['residential Tenancy'] ['termination of Tenancy' 'compensation' 'asbestos Contamination' 'rent Arrears' 'break Lease' 'bond Recovery' 'repair and Cleanliness Obligations']

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Procedural Posture

Residential Tenancy Dispute / Principal Judgment

Legal Issues

  1. 1 ['Whether landlord breached section 26 of the Residential Tenancies Act 2010 (NSW) by concealing health or safety risks' 'Whether landlord breached section 52 by failing to provide premises fit for habitation' 'Whether tenants are entitled to terminate tenancy and/or compensation due to asbestos and SMF contamination' 'Entitlement to landlord compensation for break lease, arrears, repairs, cleaning, lock change, rubbish removal']

Ratio Decidendi

No breach of the Residential Tenancies Act or lease terms found; presence of asbestos and SMF did not render premises unfit for habitation on objective evidence; tenants failed to prove contamination or entitlement to compensation; landlord entitled to rent arrears, break fee, partial removal and cleaning costs, lock change cost, and bond.

Court Disposition

Landlord partially successful; tenants' application dismissed

Orders

  • ['Tenant to pay Landlord $3041.67 on or before 10 March 2022.' 'Rental Bond Services to pay full amount of Rental Bond No. T069713-2 to Landlord.' 'Rental bond amount to be credited against Order 1.']