Articles & Resources
Case Note ~ Social Housing Commissioner Driven to Evict Tenant
The Tribunal approved the termination of a residential tenancy agreement following the tenant's violent acts that significantly disturbed neighboring premises, deeming the decision proportionate and not arbitrary.
Case Note ~ Faith Intervenes to Refuse Permission to Keep a Dog
Landlords' refusal to allow a tenant to keep a dog, grounded in their sincere religious belief regarding the animal's cleanliness, was upheld by the tribunal, despite statutory considerations favoring tenants' rights.
Legislation Note ~ Flooring & Entry Fire Door Modifications in Units
This legislation warns that flooring changes in strata units may affect entry fire doors, requiring compliance with standards and responsible modifications for fire safety.
Case Notes ~ Due Care & Skill
In Shields v Natlaw Pty Ltd & Anor [2023] ACAT 44, the Tribunal held that a solicitor isn't required to advise on property risks, such as obtaining an asbestos report. The decision emphasized the buyer's access to information and cleared the solicitor of negligence, focusing on their legal role rather than property-related risks.
Case Notes ~ Strata Flooring By-Laws Deemed Unreasonable
In Mackinnon v Greenway [2020] NSWCATD 28, the NSW Tribunal found strata by-laws requiring 5-star rated flooring to be impractical and declared them "harsh, unconscionable, or oppressive."
Case Notes ~ Defamation in Strata Communities
In READ v GITMAN [2023], a Strata Manager was ordered to pay $35,000 in damages for defaming an EC member. False accusations in emails led to a defamation case, emphasising the consequences of such actions in strata management.
Case Notes ~ Approving Use of Common Property
Explore a recent legal case delving into the boundaries of approving common property usage - Learn how the tribunal's evaluation of minor use and unreasonable interference shaped the outcome.
Case Notes ~ Tenant Compensation for Faulty Appliances and Water Leaks
Discover how tenants were compensated for disrupted living conditions due to faulty appliances and water leaks in a recent residential tenancy case - a closer look at the legal implications of maintaining peaceful enjoyment.
Case Notes ~ The Real Cost of Levy Arrears
Explore the legal intricacies of debt recovery and expenses in strata management through a real case example - 'The Owners – Units Plan No 1447 v Carroll (Civil Dispute) [2022] ACAT 1'. Delving into unpaid levies, interest, and legal costs under Unit Titles (Management) Act 2011.