The recent dispute herd in the Victorian Civil and Administrative Tribunal between the Prime Minister’s daughter Fraces Abbott and landlord Janine Moussi is an interesting case to reflect on the rights of tenants to break a lease.
The premises became effectively became uninhabitable for Frances because the Federal Police Deemed that they were not safe enough for the daughter of the Prime Minister.
The law in NSW allows tenants to terminate when premises are uninhabitable (see section 109 Residential Tenancies Act NSW 2010).
Section 43(2) of the Residential Tenancies Act NSW 2010 provides that rent abates if the premises are uninhabitable.
Section 45 of the Residential Tenancies Act NSW 2010 allows for the tenant to make an application to the relevant tribunal to ensure that rent abates if the premises are uninhabitable.
For Frances, the premises were “uninhabitable”, if you accept the opinion of the Australian Federal Police. In NSW, Whether Frances would have to pay outstanding rent would depend on wheter the NSW Civil and Administrative Tribunal saw the situation the same as did the Federal Police. That is, wheter the prmises were “uninhabitable” for her.