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Tenancy

Tenancy judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·15 Mar 2019

Tenant's Appeal on Five-Year Lease Term Dismissed

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·30 Jan 2019

Tenant Wins Rent Reduction Due to Poor Water Quality and Appliance Issues

OtherNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·19 Oct 2018

NSW Tribunal: Each Side Pays Own Legal Fees After Mixed Success

OtherNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·17 Oct 2018

Each Party Bears Own Costs in NSW Civil and Administrative Tribunal Case

In this case, the NSW Civil and Administrative Tribunal ruled that each party should bear their own costs in the proceedings, as there were no special circumstances that warranted an award of costs.

AllowedSupreme Court of New South Wales·06 Sept 2018

Tenant Granted Relief Against Forfeiture in NSW Supreme Court

The NSW Supreme Court ruled in favour of a tenant who sought to renew their lease despite some breaches. The court determined that the breaches were minor and did not cause any loss to the landlord, thus granting the tenant relief under the Conveyancing Act 1919 (NSW).

AllowedSupreme Court of New South Wales·13 July 2018

Order for possession of property granted in NSW Supreme Court

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·07 May 2018

Construction Company Wins Claim for Unpaid Progress Payments in Cost-Plus Contract Dispute

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·24 Apr 2018

Claimant wins compensation for engine damage due to contaminated fuel

DismissedCourt of Appeal (NSW)·15 Dec 2017

Tenant's Appeal Stay Request Rejected by NSW Court of Appeal

AllowedNSW Civil and Administrative Tribunal (Appeal Panel)·29 Sept 2017

Claimant Wins Appeal Over Break Lease Fee in Tenancy Dispute

AllowedNSW Civil and Administrative Tribunal (Appeal Panel)·19 May 2017

Tenant Entitled to Compensation and Repairs for Breaches of Tenancy Agreement

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·17 May 2017

Tenant's Appeal Against Excessive Rent Increase Dismissed

AllowedNSW Civil and Administrative Tribunal (Appeal Panel)·24 Feb 2017

Tenant's Appeal Allowed: Termination Order Replaced with Compliance Requirements

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·15 Sept 2016

Builder Entitled to Quantum Meruit Compensation for Rectifying Defective Works

A dispute arose between a homeowner and a a person over building work variations and compensation for delays. The Tribunal ruled that the a person could claim payment under quantum meruit for rectifying defects and delays, despite no written agreement on variations.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·12 Sept 2016

Tenant's Appeal Dismissed for Late Witness Evidence

Allowed in PartNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·03 Mar 2016

Tenant Wins Reduced Rent for Premises Deterioration

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·04 Feb 2016

NSW Civil and Administrative Tribunal dismisses costs application

RefusedSupreme Court of New South Wales·08 Jan 2016

Tenant's Stay Request for Warrant of Possession Denied

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·29 Oct 2015

Tenant Wins Costs After Proving Landlord's Defenses Unsuccessful

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·08 Oct 2015

Tenant's Appeal for Rent Reduction Dismissed

The NSW Civil and Administrative Tribunal dismissed a tenant's appeal regarding the termination of a residential tenancy agreement and the refusal of a rent reduction claim. The Tribunal found that the tenant was afforded procedural fairness and refused leave to appeal on other grounds.

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