Applying for Compensation

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If you are seeking compensation for your losses arising from the landlord’s breach of the agreement, you will need to show the losses arose due to a breach, eg.

  • Evidence that you contacted the landlord or agent identifying the need for repairs, and that they failed to act. You will also need to show what those losses were and the likely dollar value of those losses.

Your evidence may include:

  • Receipts for goods purchased;
  • Other proof of ownership of goods, and cost to replace;
  • Evidence that the loss arose directly from the landlord’s breach – for example, a police report specifying that the point of entry for the burglars was the door with the faulty lock and identifying the goods reported missing;
  • Evidence of any other economic loss – for example, where the landlord has failed to repair the faulty stove, evidence of the takeaway food purchased;
  • Evidence of any other loss – for example, a loss of peace, comfort or privacy in your use of the premises. (Before awarding compensation for noneconomic loss, the Tribunal may need to be satisfied that there was a significant reduction in your quiet enjoyment of the tenancy and/or serious health issues arising from the breach.)
     

Note: Where compensation is being sought (whether by tenant or landlord), the claimant has a duty to take reasonable steps to avoid incurring the loss for which compensation is sought.

So if you have to eat out because the stove has broken down and the landlord has failed to treat it as an urgent repair, you could claim part of the cost of your takeaway meals, but not the cost of dining out at the Hyatt.

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au