Moffatt v Muscat

The case of Moffatt v Muscat involved a dispute between the tenant, Hailee Moffatt, and the landlords, Frank Muscat and Robert Muscat, under the Residential Tenancies Act 2010 (NSW). The crux of the matter was the landlords' failure to maintain the property in a habitable condition, specifically concerning the water tank used for the property's water supply. Moffatt claimed that the water tank was contaminated and not fit for human consumption, leading to her seeking relief from the tribunal.

The primary legal issues before the tribunal were whether the landlords had breached their obligations under the Residential Tenancies Act by failing to provide the property in a state fit for habitation and maintain it in a reasonable state of repair. The tribunal needed to determine if the contamination of the water tank constituted a breach of these obligations and, if so, what remedies were appropriate.

The tribunal found that the landlords had indeed breached their obligations. The evidence presented showed that the water tank was contaminated, posing a significant health risk to the tenant. The tribunal emphasised the landlords' duty to provide premises in a state fit for habitation and to maintain the property in a reasonable state of repair. Given the severity of the contamination and the potential health risks, the tribunal ordered specific remedial actions, including the disconnection of the tank from the water supply, the establishment of a filtration system, the cleaning and sanitisation of the tank, and the refilling of the tank with clean, potable water. Additionally, the tribunal ordered the landlords to pay Moffatt $100.00 for the inconvenience and distress caused by the breach.

The tribunal dismissed any other claims made by Moffatt. The final orders required the landlords to undertake the specified remedial actions by a set date and to pay Moffatt the stipulated amount.