The term 'habitable' in s 48(1)(a) of the Residential Tenancies Act 1999 (NT) is not limited to health and safety but extends to reasonable comfort, judged against a standard of reasonableness having regard to the age, character and locality of the premises. A residential tenancy agreement is not a contract whose object is to provide enjoyment, relaxation or freedom from molestation; accordingly, damages for distress and disappointment under the second limb of Baltic Shipping are not available for breach of a residential tenancy agreement, though damages for distress arising from physical inconvenience remain recoverable. The Tribunal has no jurisdiction to declare a tenancy agreement void on equitable grounds or to order repayment of rent in the absence of a valid tenancy agreement.
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