Mansour v Dangar

Case [2017] ACAT 49


ACT CIVIL & ADMINISTRATIVE TRIBUNAL



MANSOUR v DANGAR (Appeal) [2017] ACAT 49

AA 27/2016

Catchwords:              APPEAL – residential tenancies – powers of appeal tribunal – appeal process – whether there was a legal impediment to the use of the premises for residential purposes – whether by lack of postal, internet or telephone services the lessors permitted interference with the tenants’ quiet enjoyment – amount of compensation

Legislation cited:      ACT Civil and Administrative Tribunal Act 2008 ss 7, 24, 79, 82

Legislation Act 2001 ss 176, 196

Residential Tenancies Act 1997 ss 39, 46 prescribed terms clauses 51, 52

Subordinate

Legislation:ACT Civil and Administrative Tribunal Procedure Rules 2009 (No 2) r 21

Cases cited:Bangura v Fan [2013] ACAT 38

B&T Constructions (ACT) Pty Ltd v Construction Occupations Registrar and Anor [2013] ACTSC 219
Bills v Trustees for Paul Sevier Practice Super [2016] ACAT 67
Brogan Prestige Properties v Strand and Black [2010] ACAT 60
Bygrave v Harris & O’Brien [2012] NSWCTTT 268
Chymiak v Marshall and Baldwin [2007] NSWCTTT 579
Conteh v Fan [2011] ACAT 45
Da Costa v Cockburn Salvage & Trading Pty Ltd (1970) 124 CLR 192

Dangar & Anor v Mansour & Anor [2016] ACAT 61

Dargin v Melisi [2003] NSWCTTT 702
Edwards v Noble (1971) 125 CLR 296
Equuscorp Pty Ltd v Huxton [2012] HCA 7
Gynch v Polish Club Limited [2015] HCA 23
Hamod v Suncorp Metway Insurance Ltd [2006] NSWCA 243
Hawcroft v Hawcroft General Trading Co Pty Ltd [2016] NSWSC 555
House v R (1936) 55 CLR 499
Kutty v Jaczak [2013] NSWCTTT 205
Leaf v International Galleries [1950] 2 KB 86
McRae v Commonwealth Disposals Commission (1951) 84 CLR 377
Norbis v Norbis (1986) 161 CLR 513
Robinson v Harman (1848) 1 Ex 850
Sydney Water Corporation v Caruso & Ors [2009] NSWCA 391
The Legal Practitioner v Council of the Law Society of the ACT [2011] ACTSC 207
Theodorelos v Nexus Projects Pty Limited [2009] ACTSC 149
Van Loon & Leeder v Maloney [2006] NSWCTTT 737
Warren v Coombes (1979) 142 CLR 531
Zondervan v Gounden [2013] ACAT 12

Appeal Tribunal:                  Presidential Member M-T Daniel

Date of Orders:           3 July 2017     

Date of Reasons for Decision:         3 July 2017

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL       )          AA 27/2016

BETWEEN:

AIMEN MANSOUR

MARIHAN MANSOUR

Applicants

AND:

HEMALKUMAR DANGAR

VANITABEN PRAJAPATI

Respondents

APPEAL TRIBUNAL:         Presidential Member M-T Daniel

DATE:3 July 2017

ORDER

The Tribunal orders that:

1.Order 3 of the Orders of 7 April 2016 is amended to replace ‘$4800’with ‘$3000’.

………………………………..

Presidential Member M-T Daniel

REASONS FOR DECISION

1.On 7 April 2016 a senior member of the ACT Civil and Administrative Tribunal (the Tribunal) made orders terminating a tenancy agreement between the parties and requiring the lessors to pay $4800 compensation to the tenants.[1] The compensation decision is the subject of this appeal.

2.The orders were made after a short hearing, on the first return…

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AGLC
Mansour v Dangar [2017] ACAT 49
Case
[2017] ACAT 49
Decision Date

CaseChat Overview and Summary

In the case of Mansour v Dangar, the appeal arose from a decision of the Residential Tenancies Tribunal of Queensland. The dispute involved the tenants, the Mansours, who sought to challenge a decision regarding compensation payable to them for alleged breaches of their residential tenancy agreement by the Dangars, the property owners. The tenants claimed they were denied quiet enjoyment of the premises due to a lack of postal, internet, and telephone services, which they argued were critical for their employment and lifestyle.

The primary legal issue before the court was whether the lack of essential services constituted a breach of the tenants' quiet enjoyment and, if so, what compensation was appropriate. The tenants argued that the absence of these services significantly interfered with their use and enjoyment of the property, while the property owners contended that the services were not necessary for residential purposes and thus not covered by the tenancy agreement.

The court found that the lack of postal, internet, and telephone services did not constitute a breach of the tenancy agreement as these services were not integral to the residential use of the premises. The court concluded that the absence of these services did not amount to a legal impediment to the use of the premises for residential purposes. Consequently, the appeal was dismissed, and the compensation amount awarded to the tenants was reduced from $4800 to $3000.

Orders

Orders of the court

The Tribunal orders that:

1. Order 3 of the Orders of 7 April 2016 is amended to replace ‘$4800’with ‘$3000’.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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