Appeal of Tenancy Tribunal — compensation — unfairly prejudicial. The applicant appeared before the Court appealing a decision by the Tenancy Tribunal. The respondent, as the property owner, sought vacant possession because of significant remedial work required to the premises, particularly plumbing. The Adjudicator determined the property was uninhabitable and that it was unreasonable to require the landlord to fix it while maintaining the tenancy. The applicant vacated the property and, at the time of this hearing, resides elsewhere. Because of the state of the premises, the Tribunal allowed a rent rebate to the applicant. However, the applicant also sought compensation for various costs she incurred, in particular drapes that she alleged were ruined by black mould due to the plumbing issues. She also sought exemplary damages, although there was no evidence of seeking that claim in the Tribunal's decision. One of the main concerns to the applicant was that at the Tribunal hearing the respondent provided her with a 67-page document which took her by surprise and prejudiced her ability to present her case properly. The Judge found no evidence that the applicant was unfairly prejudiced by the respondent's submission, as the applicant was offered an adjournment but advised that she did not require one. On the applicant's compensation claim, the Judge reiterated the findings of the Tribunal, as the Adjudicator heard the evidence put before her and is experienced in these claims. While there was damage to some of the applicant's possessions, the landlord did attempt to deal with each issue as it arose and the applicant did get a rental discount to below market to reflect those issues. Finally, the Judge dismissed the claim for exemplary damages, as there was no evidence this was raised in the Tribunal and fresh claims cannot be raised on appeal. The Court is confined to determining whether the Tribunal erred in reaching its decision. For those reasons, the Judge dismissed the appeal. Judgment Date: 7 March 2018.