› Habitability — reasonable steps test under s 48 Residential Tenancies Act 1999 (NT)
Residential tenancies
› Compensation
› Statutory compensation under s 122 — approach to assessment — not confined to common law heads of damage
Residential tenancies
› Compensation
› Physical inconvenience — whether required to be separately assessed from distress and disappointment
Administrative law
› Tribunals
› Leave to appeal on question of law — NTCAT Act s 141
Quick Take
1Under s 122 of the Residential Tenancies Act 1999 (NT), as interpreted by the High Court majority in Young v Chief Executive Officer (Housing) [2023] HCA 31, the Tribunal's task is to arrive at a measure of compensation conforming to the purposes of the Act and the justice and equity of the case; it is not required to separately assess and specify compensation under distinct common law heads of damage such as physical inconvenience and distress/disappointment.
2The value of the tenancy contract (agreed rent) is a permissible factor for the Tribunal to consider in assessing compensation under s 122, provided it is treated as one factor among many rather than as a cap on the award; a daily-rate methodology derived from other cases is not mandated and may be inconsistent with the statutory approach.
3The statutory obligation on the NTCAT President to comply with natural justice when determining whether to grant leave for internal review under s 140 of the NTCAT Act does not require the President to notify the applicant of a proposed basis for refusal and invite further submissions; the written statement accompanying the application is the mechanism by which the applicant's case is put.
