Miller v St George Community Housing [2023] NSWCATCD 28

Miller v St George Community Housing [2023] NSWCATCD 28

The respondent was the landlord and the Tribunal had jurisdiction. The respondent was not liable for any breach by the Department of Housing before 1 April 2019, but after that date the landlord had notice of mould and moisture, including reports and inspections in 2021 and 2022. Physical defects to the roof, gutters and downpipes, together with excessive shade from a large tree, were causes of the mould and moisture. The landlord unreasonably delayed initiating remediation of the roof, gutter and downpipe defects and failed to seek arborist advice, breaching section 63 of the Residential Tenancies Act 2010 (NSW). The resulting extensive mould and moisture substantially diminished the...

Jurisdiction
Australia
Judgment Date
27 March 2023
Procedural Posture
Residential Tenancy Compensation Application / Final Hearing After Earlier Orders Were Set Aside and Application Reregistered
Outcome
Application partly allowed; landlord ordered to pay compensation and application otherwise dismissed.
Legal Topics
['landlord Obligation to Repair and Maintain' 'quiet Enjoyment' 'mould and Water Ingress' 'mitigation of Loss' 'compensation for Economic and Non Economic Loss' "liability for Prior Landlord's Breach"]
['residential Tenancies' 'consumer and Commercial Tenancy Disputes'] ['landlord Obligation to Repair and Maintain' 'quiet Enjoyment' 'mould and Water Ingress' 'mitigation of Loss' 'compensation for Economic and Non Economic Loss' "liability for Prior Landlord's Breach"]

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Procedural Posture

Residential Tenancy Compensation Application / Final Hearing After Earlier Orders Were Set Aside and Application Reregistered

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction over the respondent as landlord' 'Whether the respondent was liable for acts or omissions of the previous landlord before 1 April 2019' 'Whether mould and moisture were caused by physical defects in the premises including the roof, gutters, downpipes and excessive shade from a tree' 'Whether the landlord breached section 63 of the Residential Tenancies Act 2010 (NSW) by unreasonably delaying remediation of defects and failing to seek arborist advice' "Whether the landlord breached section 50 of the Residential Tenancies Act 2010 (NSW) by interfering with the tenant's quiet enjoyment" 'Whether the tenant mitigated her loss' 'What compensation should be awarded for non-economic loss and furniture damage']

Ratio Decidendi

The respondent was the landlord and the Tribunal had jurisdiction. The respondent was not liable for any breach by the Department of Housing before 1 April 2019, but after that date the landlord had notice of mould and moisture, including reports and inspections in 2021 and 2022. Physical defects to the roof, gutters and downpipes, together with excessive shade from a large tree, were causes of the mould and moisture. The landlord unreasonably delayed initiating remediation of the roof, gutter and downpipe defects and failed to seek arborist advice, breaching section 63 of the Residential Tenancies Act 2010 (NSW). The resulting extensive mould and moisture substantially diminished the...

Court Disposition

Application partly allowed; landlord ordered to pay compensation and application otherwise dismissed.

Orders

  • ['The landlord is to pay the tenant the amount of $6,650.00 on or before 10 April 2023.' 'The application is otherwise dismissed.']