Community Housing Canberra T/As CHC Affordable Housing v Connell (Residential Tenancies)

Community Housing Canberra T/As CHC Affordable Housing (the lessor) commenced proceedings against Connell (the tenant) in the ACT Civil and Administrative Tribunal seeking termination of a residential tenancy agreement. The dispute centred on whether the tenant had breached the terms of the agreement, thereby justifying termination. The lessor alleged that the tenant had failed to pay rent and had allowed an unauthorised occupant to reside in the premises. The tenant, on the other hand, denied the allegations and claimed that the lessor had breached the agreement by failing to maintain the property in a habitable condition. The matter was heard and determined by the ACT Civil and Administrative Tribunal.

The primary legal issues before the tribunal were whether the tenant had breached the residential tenancy agreement and, if so, whether the breaches were sufficient to warrant termination. The tribunal had to consider the specific terms of the agreement, the obligations of both parties, and the relevant residential tenancy laws in the ACT. Additionally, the tribunal needed to assess the credibility of the evidence presented by both parties and determine the appropriate remedy if a breach was found.

The tribunal found that the tenant had indeed breached the agreement by allowing an unauthorised occupant to reside in the premises. However, the tribunal also found that the lessor had breached the agreement by failing to maintain the property in a habitable condition. The tribunal held that while the tenant's breach was serious, the lessor's breach was more significant and directly impacted the tenant's ability to occupy the property. As a result, the tribunal dismissed the application for termination and confirmed the residential tenancy agreement. The tribunal also ordered the lessor to pay the tenant compensation for the breaches, amounting to $1,985.75.