Wicks v The Hurst-Meyers Charity (Residential Tenancies) [

Wicks v The Hurst-Meyers Charity (Residential Tenancies) involves a dispute between the applicant, Ms Wicks, and the respondent, The Hurst-Meyers Charity, concerning the tenancy of a unit at 10A/155 Lonsdale Street, Braddon. The central issues include the removal of asbestos from the property, the validity of occupancy agreements, the enforcement of labour in lieu of rent, a breach of quiet enjoyment, and the termination of the tenancy by surrender. The case was heard by the Civil and Administrative Tribunal of the ACT.

The primary legal issues before the court were whether the respondent was entitled to terminate the tenancy by surrender and if there was a breach of quiet enjoyment by the respondent. Additionally, the court had to determine the validity of the occupancy agreements and the enforceability of labour in lieu of rent. The applicant also sought compensation for the breach of quiet enjoyment and for the costs associated with the removal of asbestos from the premises.

The court found that the respondent was not entitled to terminate the tenancy by surrender as the surrender was not valid due to the lack of proper notice and the absence of acceptance by the applicant. Furthermore, the court held that the respondent breached the quiet enjoyment of the applicant by not allowing her to reside in the property peacefully. The occupancy agreements were deemed unenforceable due to the respondent's failure to comply with the Residential Tenancies Act. The court also ruled that labour could not be enforced in lieu of rent unless both parties agreed to it. Consequently, the Tribunal ordered the respondent to pay the applicant $2,500, directed ACT Rental Bonds to release the bond to the applicant, and declared that this decision satisfied all claims made by both parties.