Zhang v Misitano; Misitano v Zhang

The case involved Victoria Misitano, the tenant, and Zhang, the landlord. The dispute arose from a residential tenancy where Misitano sought abatement of rent and compensation for loss of goods, while Zhang sought the release of the bond. The matter was heard in the Residential Tenancy Tribunal of Victoria. The legal issues before the tribunal included whether the landlord's failure to repair and maintain the premises justified an abatement of rent and whether Misitano was entitled to compensation for the loss of goods. Additionally, the tribunal had to determine the appropriate action regarding the release of the bond.

The tribunal found that the landlord had breached their obligation to repair and maintain the premises, but this breach did not justify an abatement of rent. The tribunal concluded that the breach was not severe enough to warrant a reduction in rent or compensation for the loss of goods. Regarding the bond, the tribunal found that Misitano had not sufficiently demonstrated that the bond should be released early. The tribunal was satisfied that the landlord had fulfilled their obligations under the lease agreement, and therefore, the bond should not be released early.

The tribunal dismissed Misitano’s application for abatement of rent and compensation for loss of goods. It also dismissed Zhang’s application for the release of the bond. The tribunal directed the Residential Tenancy Bond Authority to pay the whole of the bond to Misitano. The tribunal ruled that Misitano had not provided sufficient evidence to warrant the early release of the bond and that the landlord had met their obligations under the lease.