tenant brings action for compensation after living in ‘uninhabitable’ conditions

The Civil and Administrative Tribunal recently decided the case of Lazarevska v Ozturk [2017]. In that case, the landlord built a secondary residence on his land without Council permission. Defects in the construction led to poor habitation conditions, and the tenant sought compensation for distress and inconvenience, and living in uninhabitable conditions in breach of the Residential Tenancies Act. The Tribunal decided that the sewerage overflow, odour, water leaks, and mould rendered the property uninhabitable. However, the tenant had a tangible benefit of occupation and would be unjustly enriched if the court ordered compensation to the value of the total rent paid. Instead, the Court orders the landlord to compensate the tenant for one third of her rent paid.

Leave a Reply

%d bloggers like this: