Plain English summaries of real Australian tenancy tribunal and court decisions. Covering VCAT, NCAT, QCAT and all state tribunals, plus Federal Court discrimination cases.
15 decisions
VCAT ordered the return of $3,200 bond to tenant after landlord failed to prove damage exceeded fair wear and tear. The tribunal found the condition report was inadequate and the landlord bore the burden of proof for deductions.
Key takeaway
Landlords must provide detailed evidence to support bond deductions. A vague condition report will not satisfy the burden of proof.
NCAT found the landlord's managing agent entered the property on four occasions without proper notice, breaching the tenant's right to quiet enjoyment under the Residential Tenancies Act 2010 (NSW). Compensation of $1,500 was ordered.
Key takeaway
Agents must provide the correct statutory notice before entry. Repeated unlawful entry can result in compensation orders.
QCAT reduced rent by 20% for a period of 14 weeks after finding the landlord failed to repair a faulty hot water system within the urgent repair timeframe under the Residential Tenancies and Rooming Accommodation Act 2008 (QLD). A rent reduction is available when the rental premises are not maintained in good repair.
Key takeaway
Urgent repairs must be completed within the statutory timeframe. Failure to do so can entitle tenants to a rent reduction order.
The Federal Court found the respondent real estate agency discriminated against the applicant on the grounds of race under the Racial Discrimination Act 1975 (Cth) by refusing a rental application without legitimate reason. Damages of $18,500 were awarded, including general damages for humiliation and distress.
Key takeaway
Discrimination in rental applications on the basis of race, sex, age or disability is unlawful under federal law and can result in significant damages.
VCAT set aside a notice to vacate issued after the tenant acquired a dog, finding the landlord had unreasonably withheld consent under amendments to the Residential Tenancies Act 1997 (VIC). The tribunal found the landlord failed to demonstrate reasonable grounds for refusal within the statutory 14-day period.
Key takeaway
In Victoria, landlords must respond to pet requests within 14 days with specific grounds for refusal. Silence or unreasonable refusal may be overturned.
SACAT found the premises did not meet the prescribed minimum housing standards under the Residential Tenancies Act 1995 (SA) due to inadequate heating and a mould problem the landlord had failed to remediate. The tribunal ordered immediate repairs and a rent reduction for the period the standards were not met.
Key takeaway
Properties must meet minimum habitability standards. Persistent mould or inadequate heating can ground a rent reduction order.
NCAT rejected the agent's claim for $4,800 in bond deductions for repainting the entire property after a 4-year tenancy. The tribunal found that full repainting was attributable to fair wear and tear over the tenancy period, not damage caused by the tenant. Only $380 for a specific hole in the hallway wall was allowed.
Key takeaway
Full repainting after a multi-year tenancy is typically fair wear and tear, not tenant damage. Landlords must attribute specific damage to specific tenant acts.
QCAT set aside a notice to leave issued after the tenant acquired a cat without landlord consent. The tribunal found the landlord had failed to respond to the pet request within the prescribed period under the amended Residential Tenancies and Rooming Accommodation Act 2008 (QLD), deeming the request approved by operation of law.
Key takeaway
In Queensland, failure to respond to a pet request within the prescribed timeframe can result in the request being deemed approved. Landlords must respond in writing with reasons.
VCAT found the landlord's notice to vacate was retaliatory after the tenant had applied to VCAT to challenge an excessive rent increase. The notice was issued 11 days after the tenant filed the VCAT application. The tribunal set aside the notice, finding the timing demonstrated the dominant purpose was to punish the tenant for exercising a legal right.
Key takeaway
Retaliatory eviction — issuing a notice to vacate after a tenant exercises a legal right — is unlawful. Close timing between a tenant's legal action and a landlord's notice is strong evidence of retaliation.
ACAT found the landlord's rent increase exceeded the CPI cap under the Residential Tenancies Act 1997 (ACT). The landlord had increased rent by 9.5% citing 'market conditions.' ACAT found the permissible increase was 4.1% (Canberra CPI for the relevant period) and ordered the excess to be refunded as a rent overpayment for the 6 months it had been paid.
Key takeaway
The ACT's CPI cap is strictly enforced. A landlord cannot exceed CPI without an ACAT order. Excess amounts already paid can be recovered as an overpayment.
The State Administrative Tribunal of WA found the landlord's property manager had entered the premises without proper notice on six separate occasions, including three times outside permitted hours. The tribunal awarded $2,800 compensation for breach of the tenant's right to quiet enjoyment under the Residential Tenancies Act 1987 (WA) and issued a restraining order against further unlawful entry.
Key takeaway
Repeated unlawful entry compounds damages. Tribunals will issue restraining orders for systemic breaches. Document every unlawful entry with date, time, and who attended.
TasCAT found the landlord had failed to repair a leaking roof for 11 weeks following the tenant's written request. The tribunal ordered a 15% rent reduction for the period of the leak, compensation of $850 for damaged personal property, and full return of the $2,600 bond as the damage claimed arose from the landlord's own failure to repair.
Key takeaway
A landlord cannot claim bond for property damage that was caused or contributed to by their own failure to carry out repairs. The landlord's delay in repairing the roof was causally connected to the water damage claimed.
NTCAT rejected a claim for $1,900 carpet replacement, finding the landlord had failed to produce the original condition report or photographs from the start of the tenancy. Without baseline evidence, the tribunal could not determine whether the carpet staining was attributable to the tenant or pre-existing. The bond was returned in full.
Key takeaway
Without a condition report and baseline photographs from the start of the tenancy, a landlord cannot establish that damage was caused by the tenant. The burden of proof rests with the landlord.
VCAT found the landlord had refused the tenant's request for reasonable adjustments to accommodate a disability (grab rails in the bathroom, lever door handles) without lawful grounds. The tribunal found the refusal constituted disability discrimination under the Equal Opportunity Act 2010 (Vic) and ordered the modifications be installed at the landlord's expense, plus $3,500 compensation.
Key takeaway
Landlords in Victoria (and under federal law) must make reasonable adjustments for tenants with disabilities. Blanket refusal without demonstrating undue hardship is unlawful discrimination.
NCAT upheld the tenant's application to terminate a fixed-term lease early without break-lease costs under the domestic violence provisions of the Residential Tenancies Act 2010 (NSW). The tenant provided a police event number and statutory declaration. The tribunal found the evidence satisfied the legislative threshold and ordered return of 6 weeks' rent paid as break-lease compensation.
Key takeaway
Tenants experiencing domestic violence can terminate a tenancy early without penalty under NSW law. A police report or statutory declaration is the key evidence required.
Tenancy law changes constantly.
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