Lingwei completed her year 12 studies in Sydney last year. She received an offer to study a Bachelor of Commerce degree at the Australian National University to commence in February this year. She was keen to find accommodation as she had heard it was difficult to find reasonably priced accommodation at the start of the year. She went online and found a a one bedroom apartment on the ground floor of a two storey house, in Turner. She emailed Charlie, the owner, saying she was interested in renting the apartment. They had a phone conversation. Charlie said he had arranged for the apartment to be repainted and new carpet installed before the commencement of the tenancy. Charlie signed the tenancy agreement and sent it to Lingwei. Lingwei signed the agreement and returned it via email to Charlie on 12 January this year. It said nothing about the repainting or new carpets. The agreement complied with the requirements of the Residential Tenancies Act 1997. The residential tenancy agreement was to commence on 15 February and was for a term of 12 months. The rent was specified as $400 per week. There was a box on the tenancy agreement which Lingwei ticked to certify that she was over the age of 18. She wasn't actually turning 18 until the end of April but she thought that was close enough and she didn't want to miss out on the apartment.

When Lingwei arrived on 15 February she was disappointed to discover that the apartment had not been repainted nor was there new carpet. Charlie said the painter had a car accident and was in hospital and so there was going to be a delay with the painting and he didn't want to put the new carpet in until after the painting had been done. Charlie knew about the car accident and delay before Lingwei returned the signed tenancy agreement to him.

Lingwei told Charlie that she would not be moving in. She paid $200 per night for 2 nights accommodation in a hotel and then she was able to find a room in a share house for $150 per week. She had paid Charlie two weeks rent in advance. She told him she expected that to be refunded and that she expected him to reimburse her for her hotel costs.

Lingwei heard nothing for a while until she received a letter from Charlie's solicitors in May claiming 4 weeks rent in addition to the 2 weeks she had already paid. They said that Charlie had not been able to find a new tenant until the start of April and she was responsible for payment of rent until that time. Lingwei understands that for about a week during that time the apartment was being painted and was not available for occupation.

Lingwei consults you about Charlie's claim. She does not think she should have to pay and in fact she thinks Charlie owes her money. Advise her citing cases and legislation in your advice. [You do not need to consider the Residential Tenancies Act 1997 beyond what was covered in the course.]

USe irac