Zerkowsk v Lewis; Lewis v Zerkowski

Zerkowski sued Lewis seeking an order for possession of the property and to terminate the tenancy, while Lewis counter-claimed for compensation. The dispute arose from Zerkowski's allegation that Lewis abused the landlord's agent and for other breaches of the tenancy agreement. The matter was heard in the Residential Tenancies Tribunal of Queensland. The primary legal issue before the tribunal was whether Zerkowski had grounds to terminate the tenancy on the basis of Lewis's alleged abuse of the landlord's agent and other breaches. Additionally, the tribunal had to determine whether Lewis was entitled to compensation for the alleged breach of habitability at the commencement of the tenancy.

The tribunal found that Zerkowski did not have sufficient grounds to terminate the tenancy, as the alleged abuse of the landlord's agent did not amount to a serious breach of the tenancy agreement. The tribunal also found that the premises were habitable at the commencement of the tenancy, and therefore, Lewis was not entitled to compensation for breach of habitability. However, the tribunal did find that Zerkowski had breached section 51(1) of the Residential Tenancies Act 2010 by failing to provide Lewis with a copy of the Residential Tenancies Act and Regulations. The tribunal ordered Zerkowski to pay Lewis the sum of $330.00 as compensation for this breach. The landlord's claim for termination and possession was dismissed.

In summary, the tribunal dismissed Zerkowski's claim for termination and possession, and ordered Zerkowski to pay Lewis the sum of $330.00 as compensation for the breach of section 51(1) of the Residential Tenancies Act 2010. The tribunal found that the alleged abuse of the landlord's agent did not amount to a serious breach of the tenancy agreement, and that the premises were habitable at the commencement of the tenancy. Lewis was not entitled to compensation for breach of habitability.