Reiss & Anor v Helson & 2 Ors [2001] NSWSC 486

Reiss & Anor v Helson & 2 Ors [2001] NSWSC 486

The Supreme Court held that the Tribunal made no error of law. The Tribunal was entitled to extend time because the tenants gave proper explanations for delay and the landlords suffered no prejudice. The Tribunal was entitled to find a breach of s 22 because the landlords permitted noise and vibration caused by inadequate floor joists to interfere with the tenants' peace, comfort and privacy, despite the defect being in common property and despite the landlords' failure to take reasonable steps to have it remedied. The tenants' termination notice was validly served because the prescribed methods were not mandatory and the landlords' agent had actual notice. The compensation, removal costs...

Jurisdiction
Australia
Judgment Date
13 June 2001
Procedural Posture
Appeal on a Question of Law From Decisions of the Residential Tenancy Tribunal / Amended Summons Filed 8 March 2001 Dismissed; Tribunal Orders Affirmed
Outcome
Appeal dismissed; Tribunal orders affirmed; plaintiffs ordered to pay defendants' costs as agreed or assessed.
Legal Topics
['appeal From Residential Tenancy Tribunal' 'extension of Time' "tenant's Right to Quiet Enjoyment" "landlord's Responsibility for Repairs" 'common Property Defects' 'service of Termination Notices' 'compensation for Distress and Inconvenience' 'removal Costs' 'costs in Tribunal Proceedings']
['administrative Law' 'residential Tenancies' 'strata Schemes'] ['appeal From Residential Tenancy Tribunal' 'extension of Time' "tenant's Right to Quiet Enjoyment" "landlord's Responsibility for Repairs" 'common Property Defects' 'service of Termination Notices' 'compensation for Distress and Inconvenience' 'removal Costs' 'costs in Tribunal Proceedings']

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Procedural Posture

Appeal on a Question of Law From Decisions of the Residential Tenancy Tribunal / Amended Summons Filed 8 March 2001 Dismissed; Tribunal Orders Affirmed

Legal Issues

  1. 1 ["Whether the Tribunal erred in extending time for the tenants' application under s 16 of the Residential Tenancies Act." "Whether the landlords breached s 22 of the Residential Tenancies Act by permitting interference with the tenants' reasonable peace, comfort or privacy arising from noise and vibration caused by inadequate floor joists in common property." 'Whether the landlords breached s 25(1)(b) of the Residential Tenancies Act by failing to provide and maintain the premises in a reasonable state of repair.' "Whether the tenants validly served a notice of termination by placing it under the door of the landlords' agent's premises." 'Whether the Tribunal erred in awarding compensation, removal costs and costs to the tenants.']

Ratio Decidendi

The Supreme Court held that the Tribunal made no error of law. The Tribunal was entitled to extend time because the tenants gave proper explanations for delay and the landlords suffered no prejudice. The Tribunal was entitled to find a breach of s 22 because the landlords permitted noise and vibration caused by inadequate floor joists to interfere with the tenants' peace, comfort and privacy, despite the defect being in common property and despite the landlords' failure to take reasonable steps to have it remedied. The tenants' termination notice was validly served because the prescribed methods were not mandatory and the landlords' agent had actual notice. The compensation, removal costs...

Court Disposition

Appeal dismissed; Tribunal orders affirmed; plaintiffs ordered to pay defendants' costs as agreed or assessed.

Orders

  • ['The orders of the Tribunal member Geoffrey Hopkins of 31 January 2001 are affirmed.' 'The amended summons filed 8 March 2001 is dismissed.' "The plaintiffs are to pay the defendants' costs as agreed or assessed."]