Jang v Vlotis [2021] NSWCATCD 89

Jang v Vlotis [2021] NSWCATCD 89

The Tribunal found that the Landlords failed to maintain and repair the rented premises within a reasonable time, resulting in a reduction of goods, services or facilities for at least the relevant 12-month period. Considering the matters in s 44(5), the cumulative impact of the defects, the prior rent reduction to $385.00 between 30 April 2020 and 31 August 2020, and the absence of evidence that $550.00 was not market rent, the Tribunal fixed the rent at no more than $450.00 per week from 30 March 2020 to 29 March 2021, excluding the period where rent was already below that amount, producing a rent credit of $3443.89. The separate compensation claim for breach of quiet enjoyment was not...

Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Residential Tenancy Application / Principal Judgment After Hearing
Outcome
The Tenant obtained a rent credit of $3443.89; the separate compensation claim and request for rent to be paid into the Tribunal were refused.
Legal Topics
['failure to Repair Residential Premises' 'excessive Rent Due to Reduction or Withdrawal of Goods, Services or Facilities' 'rent Reduction' 'compensation for Breach of Residential Tenancy Agreement' 'quiet Enjoyment']
['residential Tenancies' 'consumer and Commercial'] ['failure to Repair Residential Premises' 'excessive Rent Due to Reduction or Withdrawal of Goods, Services or Facilities' 'rent Reduction' 'compensation for Breach of Residential Tenancy Agreement' 'quiet Enjoyment']

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Procedural Posture

Residential Tenancy Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether rent payable under the residential tenancy agreement was excessive having regard to the reduction or withdrawal by the Landlords of goods, services or facilities provided with the residential premises.' 'Whether the Landlords failed to maintain and repair the rented premises within a reasonable time.' 'Whether the Tenant was entitled to compensation for alleged breach of quiet enjoyment.' 'Whether rent should be paid into the Tribunal pending compliance with repair orders.']

Ratio Decidendi

The Tribunal found that the Landlords failed to maintain and repair the rented premises within a reasonable time, resulting in a reduction of goods, services or facilities for at least the relevant 12-month period. Considering the matters in s 44(5), the cumulative impact of the defects, the prior rent reduction to $385.00 between 30 April 2020 and 31 August 2020, and the absence of evidence that $550.00 was not market rent, the Tribunal fixed the rent at no more than $450.00 per week from 30 March 2020 to 29 March 2021, excluding the period where rent was already below that amount, producing a rent credit of $3443.89. The separate compensation claim for breach of quiet enjoyment was not...

Court Disposition

The Tenant obtained a rent credit of $3443.89; the separate compensation claim and request for rent to be paid into the Tribunal were refused.

Orders

  • ['The Respondents Nick Vlotis and Ann Vlotis are to pay the Applicant Eun Joo Jang the sum of $3443.89 on or before 16 August 2021.' "The payment is to be by way of a rent credit on the Tenant's Rental Ledger." 'The rent shall not exceed the sum of $450.00 per week from 30 March 2020 to 29 March 2021, subject to the...