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Tenancy

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

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·01 Sept 2015

Tenant's refusal to consent to by-law repeal upheld in NSW

DismissedCourt of Appeal (NSW)·10 June 2015

Landlord Not Liable for Hiring Independent Contractor to Install Range Hood

The NSW Court of Appeal decided that a landlord was not negligent for hiring an independent contractor to install a range hood. The Court found that the landlord had acted reasonably in choosing the contractor and was not responsible for the contractor's actions.

Allowed in PartNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·22 Apr 2015

Tenant Entitled to Compensation for Uninhabitable Conditions Due to Water Penetration and Mould

The Tribunal set aside previous orders made against the landlord but awarded compensation to the tenant for a period of approximately two years where the premises were not fit for use or habitation due to water penetration and mould issues. The decision was based on the Residential Tenancies Act 2010 NSW.

Allowed in PartNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·08 Apr 2015

Builder Ordered to Fix Squeaky Floor Despite Rejection of Compensation Claim

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·04 Feb 2015

NSW Tribunal Rejects Claim for Sufficient Dividing Fence Declaration

In this case, the claimant applied for declarations regarding a dividing fence between their property and an a person landowner's property under the Dividing Fences Act. The NSW Civil and Administrative Tribunal dismissed the application because the claims did not align with the provisions of the Act.

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·22 Jan 2015

Builder ordered to pay $100,000 for defective home renovations

In this case, the homeowner won $100,000 in damages from a person for defects and incomplete work on a home renovation project. The Tribunal ruled that even though there were disputes about who breached the contract first, a person was still responsible for fixing or compensating for any issues with the construction.

AllowedSupreme Court of New South Wales·07 Nov 2014

Landlord consented to lease assignment in equity

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·31 Oct 2014

Tenant's Appeals for Rent Abatement and Bond Repayment Dismissed

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·24 Oct 2014

Social Housing Tenancy Terminated Due to Tenant's Imprisonment

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·15 Oct 2014

Claimant Wins Compensation for Defective Building Work

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·23 Sept 2014

Builder Must Rectify Waterproofing and Tiling Defects Under Home Building Act

AllowedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·29 Apr 2014

Builder Ordered to Pay Homeowners for Defective Works

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·08 Apr 2014

Retail Leases Act Does Not Apply to 25+ Year Lease with Renewal Options

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·14 Mar 2014

NSW Tribunal Rejects Flight Training Negligence Claim

DismissedNSW Civil and Administrative Tribunal (Consumer and Commercial Division)·16 Jan 2014

Tenant's Claim for Breach of Management Agreement Dismissed

AllowedSupreme Court of New South Wales·04 Nov 2013

Validity of Strata Corporation Levies

DismissedSupreme Court of New South Wales·05 Oct 2012

Tenant's Claim for Procedural Fairness Before Tenancy Termination Dismissed

DismissedAdministrative Decisions Tribunal (NSW)·20 Aug 2012

Tenant's Claim for Premises Possession Denied Due to Third Party's Lease

AllowedDistrict Court of New South Wales·17 Aug 2012

Claimant Entitled to Complete Property Purchase After Fulfilling Payment Obligations

The claimant wanted to buy a house by paying instalments over five years. The seller refused to complete the sale, claiming the claimant had not paid enough. The court ruled that the claimant had paid correctly and was entitled to finish the purchase, awarding damages for the seller's refusal.

AllowedSupreme Court of New South Wales·23 Mar 2012

Notice of Termination Found Valid in NSW Supreme Court Case

The NSW Supreme Court ruled that a notice of termination was valid and ordered the tenant to vacate the premises. The court held that the notice was issued in accordance with the Residential Tenancy Agreement and the Residential Tenancies Act 1987.

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