Conteh v Fan

The case of Conteh v Fan was heard by the ACT Civil and Administrative Tribunal. The dispute arose from a tenancy agreement between the plaintiff, Conteh, and the defendant, Fan. Conteh alleged that Fan, the lessor, had breached several obligations under the Residential Tenancies Act 1997, including providing an habitable living space and respecting the privacy of the tenant. The central issues before the tribunal were whether the breaches occurred and, if so, the appropriate remedy for the tenant.

The tribunal found that Fan had indeed breached the tenancy agreement by failing to provide an habitable living space and invading Conteh’s privacy. The tribunal reviewed the evidence provided by Conteh, including photographs and witness statements, and found them to be credible. The tribunal also considered the arguments presented by Fan, but found them to be insufficient to rebut the evidence presented by Conteh. As a result, the tribunal held that Fan was liable for the breaches and ordered him to pay Conteh compensation.

The tribunal calculated the compensation owed to Conteh based on the breaches found. For the economic loss arising from the breach of clause 51 of Schedule 1 of the Act, the tribunal awarded Conteh $600. For the non-economic loss for a breach of clauses 51 and 52 of Schedule 1 of the Act, the tribunal awarded Conteh $630. Finally, for the refund of the electricity charges paid by the tenant to the lessor, the tribunal awarded Conteh $2600. The tribunal also ordered Fan to pay Conteh the compensation within 28 days. The order is corrected under section 63 of the ACT Civil and Administrative Tribunal Act 2008.