Fiege & Ors v Wilkinson; Wilkinson v Holbrook & Ors (Residential Tenancies)

The applicants, Jacob Fiege, Abbie Holbrook, Dominica Lindsay and Phoebe Tulk, brought an application against the respondent, Holbrook, seeking compensation for the failure to keep the premises in a reasonable state of repair, and Holbrook brought a counterclaim against the lessors, Fiege and others, seeking compensation for the same issue. The dispute was heard by the Residential Tenancies Tribunal of the ACT. The applicants contended that the premises were uninhabitable, the lessors failed to make the premises habitable, and the lessors did not notify the applicants of their obligations under the Act. The lessors argued that they were not obliged to notify the applicants of their obligations and that they did not have a duty to repair the premises.

The Tribunal found that the applicants were entitled to compensation from Holbrook, as the premises were uninhabitable, and Holbrook was responsible for the state of repair. The Tribunal held that the lessors were not required to notify the applicants of their obligations under the Act, but they did have an obligation to keep the premises in a reasonable state of repair. The Tribunal considered the scope of the lessors' obligations and found that it was reasonable for the applicants to expect the lessors to repair the premises. The Tribunal dismissed Holbrook’s counterclaim against the lessors.

The Tribunal ordered Holbrook to pay the applicants $3,462.80 and dismissed Holbrook’s counterclaim. The Tribunal also ordered that the applicants were entitled to the whole of the rental bond and directed ACT Rental Bonds to pay the rental bond to the applicants.