Bhara & Anor v De Costa & Anor (Residential Tenancies)

In the matter of Bhara & Anor v De Costa & Anor, the dispute involved claims for compensation by tenants regarding mould in the residential property they leased. The matter was heard by the ACT Civil and Administrative Tribunal. The tenants argued that the mould in the property caused health issues for one of the tenants, and they sought compensation for health impacts, loss of income, and the cost of moving out. The lessors denied the claims, stating that the mould was not as extensive as alleged and that the tenants' health issues were not directly linked to the mould.

The court was required to determine the extent of the mould in the property and whether it was responsible for the tenants' health issues. The tribunal assessed the medical evidence provided by the tenants and considered whether it sufficiently linked the mould to the tenants' health problems. The court also needed to decide whether the tenants were entitled to compensation for the cost of moving and any other claimed damages.

The tribunal dismissed all claims for compensation related to the mould, finding that the evidence did not support the tenants' assertions about the extent of the mould and its impact on their health. The tribunal concluded that the mould report did not substantiate the tenants' claims and thus the tenants were required to bear the cost of the report. The tribunal accepted that the tenants had experienced health issues but found that the medical evidence provided did not sufficiently link these issues to the mould in the property. Consequently, the claim for medical expenses was dismissed. The tribunal also found that while the tenants had moved out, the lessors were not responsible for this decision as the property was not deemed uninhabitable.

The tribunal awarded the tenants some compensation, as the application was partially successful, and ordered the lessors to pay the cost of the application fee.