Kufner v Ausa
Landlord wins · Keswick · 2025-08-21
- Adjudicator
- Rachel Gibbons
- Dispute
- Maintenance, Substantial Interference, Tenant Rights
- Landlord
- S.A.
- Tenant
- K.K.
- Tenant rep
- Donald Ryall
What happened
The Tenant filed T2 and T6 applications alleging that the Landlord harassed her, interfered with her enjoyment of the unit, and failed to maintain the property. Key allegations included a personal injury from a missing floor vent cover, derogatory YouTube comments, spying through windows, and numerous maintenance defects like rodents, mould, and broken appliances. The Landlord contended that the maintenance list was fabricated after he refused a $35,000 payoff for the Tenant to vacate following an N12 notice.
The ruling
The Tenant's applications were dismissed. The Member found that the Tenant failed to meet the burden of proof for the harassment and maintenance allegations. The Tenant moved out on June 15, 2023, and no remedies or financial awards were granted to the Tenant.