Sampson v Leite

In Sampson v Leite, the dispute arose from a residential tenancy agreement where the Respondent, Leite, issued a Notice to Remedy Breach for the noise caused by helicopters landing at the hospital, which was affecting her sleep and mental health. The Applicants, Sampson, failed to take any action despite the complaint, leading to Leite issuing a Notice to Leave. The Adjudicator found that the Notice to Leave was valid and terminated the tenancy agreement. The Applicants appealed the Adjudicator's decision, arguing that the Adjudicator had erred in finding that the Notice to Leave was valid. The Appeal Tribunal was tasked with determining whether the Adjudicator's decision contained a discernible legal error and whether leave to appeal should be granted.

The Appeal Tribunal considered whether the Adjudicator had erred in finding that the Notice to Leave was valid. The Tribunal noted that the lessor's duty to ensure the tenant's quiet enjoyment required more than refraining from deliberate interference; it also required the lessor to investigate conditions within their control that substantially interfered with the tenant's peace and comfort. Given the Applicants' failure to inspect the apartment after the complaint about the noise, the Tribunal found that this constituted a breach of the lessor's duty under the Residential Tenancies and Rooming Accommodation Act (RTRA Act). The Tribunal also found that the Applicants' arguments regarding section 277 of the RTRA Act were not relevant because a tenancy agreement can be terminated by an order of the Tribunal, which had occurred in this case. Furthermore, the Tribunal held that the Adjudicator's consideration of the impact of the helicopter noise on the Respondent's mental health was relevant to an assessment of habitability and did not amount to an error of law.

The Appeal Tribunal refused the Application for leave to appeal, finding no discernible legal error in the Adjudicator's decision. The Tribunal upheld the Adjudicator's finding that the Notice to Leave was valid and that the Applicants were in breach of their duties under the RTRA Act. Consequently, the Applicants' claims for unpaid rent and re-letting costs were dismissed, and the Tribunal ordered that a cleaning fee of $302.50 be paid to the Applicants.