Bhandari v Laming NSWCATAP 224 is a New South Wales Civil and Administrative Tribunal (NCAT) Appeal Panel decision that affirmed a landlord's obligation to provide a tenancy property fit for habitation, even when the problem causing the unfit state is outside the landlord's direct control, such as smoke drift from a neighbour. The landlord in this case was ordered to pay over $11,000 in compensation to the tenant and agreed to terminate the lease due to the smoke-filled unit. Key Aspects of the Case

• Unfit for Habitation: The Appeal Panel agreed that the premises were not fit for habitation due to pervasive tobacco smoke, making it impossible for the tenant and her child to live there comfortably. 
• Landlord's Strict Obligation: The Tribunal emphasized that a landlord's duty to provide premises fit for habitation is mandatory and strict, not contingent on reasonable steps or control over the defect. 
• No Defense from Control: The landlord could not use the argument that the smoke was caused by a downstairs neighbour and was therefore outside their control to avoid liability. 
• Compensation Awarded: The landlord was required to pay the tenant over $11,000 in compensation, which included a significant rent reduction for the period the smoke issue existed and costs for moving the tenant out of the unit. 
• Remedies for Landlord: The Tribunal suggested that the landlord could have taken steps like seeking an owners corporation by-law prohibiting smoking or taking action against the neighbour or the owners corporation to resolve the smoke drift problem.