Tenancy
Tenancy judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Tenant Entitled to Fair Market Rent Review and Licence Fee Refund After Fire Damage
The Tribunal ruled that a tenant is entitled to a fair market rent review and a refund of licence fees if the premises are unusable due to damage. This decision was made in the context of a retail lease and was based on the Retail Leases Act 1994 (NSW).
Tenant's Appeal Allowed Due to Insufficient Reasons in NSW Civil and Administrative Tribunal
Costs Awarded Against Frivolous Tenancy Application
Tenant Entitled to Repairs of Common Property
Tribunal Allows Appeal on Site Fee Increase Formula
Tenant Entitled to Mental Distress and Aggravated Damages Due to Breach of Contract
Tribunal directs on bond claims for deceased tenants
NSW Tribunal Rejects Challenge to Strata Fund Payment
Tenant's Appeal Against Consent Orders Dismissed
Holiday Accommodation Lease Subject to Residential Tenancies Act
Tenant Loses Appeal Over Rent Arrears in NSW Tribunal
Tenant's Stay of Execution Request Rejected in Mortgage Dispute
In a recent case, a tenant requested a temporary halt to the eviction of their home due to a mortgage dispute. However, the court rejected the request, stating that the tenant's arguments about hardship and lack of notice were not strong enough to justify a stay of execution.
Tenant Awarded $190,000 in Damages for Lift Failure
The NSW Supreme Court ruled that a tenant is entitled to receive $190,000 in damages from the landlord for failing to install a new lift as promised in the lease agreement. The court determined that the landlord's failure to install the lift caused significant harm to the tenant's hotel business.
Stay Granted on Eviction Due to Hardship and Refinancing Prospects
Tenant Granted Limited Access Under Sub-Lease Dispute
The NSW Supreme Court granted limited interlocutory relief to a tenant, allowing access to specific rooms and hours of operation under a sub-lease dispute. The Court found that the tenant had established a prima facie case for relief and that the balance of convenience favoured granting such relief.