Burrows v Aboriginal Housing Office [2021] NSWCATAP 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burrows v Aboriginal Housing Office [2021] NSWCATAP 124 Hearing dates: 29 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: Appeal dismissed. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) - quiet enjoyment – landlord required to take all reasonable steps to ensure that the tenant's neighbours who were also tenants of the landlord did not interfere with the tenant's quiet enjoyment of the premises – finding of fact that reasonable steps taken – no error demonstrated Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 44(1)(b), 50(3) Cases Cited: Eliezer v Residential Tribunal (2001) 53 NSWLR 657; [2001] NSWSC 1092 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Pan v Malveholm [2021] NSWCATAP 101 Texts Cited: Nil Category: Principal judgment Parties: Sharon Burrows (Appellant) Aboriginal Housing Office (Respondent) Representation: Solicitors: Appellant (Self-Represented) Department of Customer Service (Respondent) File Number(s): 2021/00056022 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 November 2020 Before: W Priestley, General Member File Number(s): SH 20/12617