MARGARET KRAUSS & ROBERT LAW and CHRISTINE LAW (Residential Tenancies)

The dispute arose between the tenants, Margaret Krauss, Robert Law, and Christine Law, and the landlord, who were involved in a residential tenancy agreement in relation to premises at 5 Burnage Place, Gowrie, ACT 2904. The tenants lodged a complaint with the Residential Tenancies Tribunal of the ACT, asserting that the landlord had failed to maintain the heating system in a functional condition, as required by the lease agreement. The tenants sought compensation for the landlord's failure to repair the heating and the release of any remaining bond monies held by the landlord.

The primary legal issue before the Tribunal was whether the landlord had breached the terms of the residential tenancy agreement by failing to maintain the heating system in a functional state, and if so, what remedies were available to the tenants. The Tribunal had to determine whether the landlord's failure to repair the heating constituted a breach of the agreement and what compensation, if any, should be awarded to the tenants for this breach.

The Tribunal found that the landlord had indeed breached the terms of the residential tenancy agreement by failing to repair the heating system. The Tribunal considered that the failure to provide a functional heating system constituted a significant breach, given the adverse weather conditions during which the repairs were not made. Consequently, the Tribunal ordered the landlord to pay the tenants $450.00 for the failure to repair the heating. The Tribunal also ordered that the payment be made by 18th November 2010 and that any remaining bond monies held by the landlord be released to the tenants.