GARNETT & KERRIDGE (Residential Tenancies)

Garnett and Kerridge were involved in a dispute concerning residential tenancies, which was heard by a tribunal. Garnett, the tenant, sought an order for the landlord, Kerridge, to make certain repairs to the property. Kerridge argued that the repairs were not necessary and that the property was in satisfactory condition. The primary legal issue before the tribunal was whether the landlord had an obligation to carry out the repairs as claimed by the tenant. The tribunal needed to determine if the conditions of the property were in breach of the tenancy agreement or if they met the standard acceptable for a rental property.

The tribunal considered evidence from both parties, including inspections of the property and expert opinions on the necessary repairs. The tribunal found that while some minor issues existed, the overall condition of the property did not warrant the extensive repairs claimed by Garnett. The tribunal held that the landlord had fulfilled their obligations under the tenancy agreement, as the property was not in a condition that significantly deviated from what could be reasonably expected. Therefore, the tribunal dismissed Garnett's application for the landlord to undertake the repairs. As a result, the tribunal made an order dismissing the application dated 27 September 2011.