Turner v Helen Domazet Pty Limited ACN 126 084 740 (Residential Tenancies)

The matter before the Tribunal involved Turner, the applicant, and Helen Domazet Pty Limited ACN 126 084 740, the respondent, in a dispute concerning residential tenancies. The applicant, Turner, sought relief under the Residential Tenancies Act, alleging breaches by the respondent in relation to the property at [address redacted]. The Tribunal was tasked with determining whether the respondent had violated the terms of the tenancy agreement and, if so, what remedies were appropriate.

The primary legal issues revolved around whether the respondent had breached the tenancy agreement by failing to maintain the property in a habitable condition, specifically regarding the installation and maintenance of an air-conditioning unit. Turner argued that the unit was defective and had not been repaired despite numerous complaints, which constituted a breach of the implied warranty of habitability. The respondent, on the other hand, contended that it had fulfilled its obligations under the tenancy agreement and that the air-conditioning issues were due to factors outside its control.

In its decision, the Tribunal considered the evidence provided by both parties, including witness statements, photographs, and expert reports on the condition of the air-conditioning unit. The Tribunal found that the respondent had not taken reasonable steps to repair the air-conditioning unit in a timely manner, despite Turner's complaints. The Tribunal determined that the condition of the unit had indeed breached the implied warranty of habitability, as it had rendered the property unsuitable for occupation during periods of extreme heat. As a result, the Tribunal ruled in favour of Turner and found the respondent in breach of the tenancy agreement. However, the Tribunal dismissed the application for specific relief as it was satisfied that the breaches had been rectified and no further action was required.