Saiah v Affordable Community Housing Limited [2023] NSWCATCD 23

Saiah v Affordable Community Housing Limited [2023] NSWCATCD 23

The landlord was not required by the consent order to construct a driveway down the side of the house to the rear carport, and the evidence showed the landlord had complied with the driveway order except for the footpath area delayed by council approval. The Tribunal preferred the landlord's roof and guttering report showing no water ingress or leaks and found the tenant's undated photographs were not compelling. The Tribunal was satisfied the tenant had frustrated the landlord's attempts to carry out mould repair works by refusing access. The tenant did not prove damage to goods or non-economic loss, so compensation was dismissed while access and limited repair orders were made.

Jurisdiction
Australia
Judgment Date
27 February 2023
Procedural Posture
Residential Tenancy Application for Repairs and Compensation / Contested Hearing of Renewal Application SH 22/43238 and Fresh Application SH 22/43240
Outcome
Access and repair orders made; tenant's application for compensation dismissed.
Legal Topics
["landlord's Duty to Repair" 'repairs' 'access to Residential Premises' 'compensation for Alleged Loss From Water Ingress and Mould']
['leases and Tenancies' 'residential Tenancies'] ["landlord's Duty to Repair" 'repairs' 'access to Residential Premises' 'compensation for Alleged Loss From Water Ingress and Mould']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Residential Tenancy Application for Repairs and Compensation / Contested Hearing of Renewal Application SH 22/43238 and Fresh Application SH 22/43240

Legal Issues

  1. 1 ['Whether the landlord had complied with consent orders requiring replacement of the concrete driveway, inspection of roof and guttering, repair of any water ingress, and cleaning of mould.' 'Whether further repair and access orders should be made for concreting in the footpath area and removal of mould in bedrooms.' 'Whether the tenant proved entitlement to compensation for alleged economic and non-economic loss from water ingress and mould.']

Ratio Decidendi

The landlord was not required by the consent order to construct a driveway down the side of the house to the rear carport, and the evidence showed the landlord had complied with the driveway order except for the footpath area delayed by council approval. The Tribunal preferred the landlord's roof and guttering report showing no water ingress or leaks and found the tenant's undated photographs were not compelling. The Tribunal was satisfied the tenant had frustrated the landlord's attempts to carry out mould repair works by refusing access. The tenant did not prove damage to goods or non-economic loss, so compensation was dismissed while access and limited repair orders were made.

Court Disposition

Access and repair orders made; tenant's application for compensation dismissed.

Orders

  • ["The Tribunal authorises the landlord, Affordable Community Housing Limited or the landlord's authorised contractor to enter the residential premises on or before 25-Mar-2023 for the purpose of inspecting the residential premises for maintenance, repairs or health and safety and carrying out maintenance and repairs...