LAWRENCE BRENNAN & BARHEN (Residential Tenancies)

In the case of Lawrence Brennan & Barhen (Residential Tenancies), the Applicant, Lawrence Brennan, sought a review of a decision by the Residential Tenancies Authority. The decision pertained to an application for the recovery of rental arrears and associated costs. The Applicant challenged the ruling that he was liable for unpaid rent and costs incurred by the Respondent, Barhen, during the tenancy. The matter was heard in the Victorian Civil and Administrative Tribunal.

The primary legal issues that the tribunal had to address were whether the Applicant had valid grounds to contest the liability for the unpaid rent and the costs incurred by the Respondent. The tribunal needed to determine whether the Respondent had properly served notice of the claim and whether the Applicant had a valid defence to the claim. The tribunal also had to consider the merits of the Applicant's argument that the property was not in a fit and habitable condition, which he claimed justified withholding rent.

The tribunal found that the Respondent had properly served notice of the claim, and the Applicant's defence regarding the condition of the property was not substantiated. The tribunal concluded that the Applicant was liable for the unpaid rent and costs. The tribunal emphasised that the Applicant's failure to raise the issue of the property's condition during the tenancy period precluded him from relying on it as a defence. Consequently, the tribunal upheld the original decision of the Residential Tenancies Authority.

The tribunal ordered that the Applicant pay the Respondent the amount of $72.00, being the costs incurred in the matter, within 24 days of the date of the order. The tribunal dismissed the Applicant's review application and affirmed the decision of the Residential Tenancies Authority.