Moffatt v Muscat [2023] NSWCATCD 13

Moffatt v Muscat [2023] NSWCATCD 13

The landlords breached their obligation to provide premises fit for habitation and to maintain the water tank in a reasonable state of repair because the premises relied on a tank supplied in part by water from a local water course and the water was not suitable for drinking; they had notice from 24 May 2022 and did not respond with legally sufficient repairs. Repair orders were therefore warranted. The tenant was not granted an extension of time for compensation before the 3-month period preceding the application because the delay was very substantial, ignorance of the law was not an acceptable explanation, the landlords would suffer prejudice, and the compensation claim had poor...

Jurisdiction
Australia
Judgment Date
17 January 2023
Procedural Posture
Residential Tenancy Application for Compensation and Repair Orders Under the Residential Tenancies Act 2010 (nsw) / Principal Judgment After Hearing on the Merits
Outcome
The tenant's application was allowed in part: repair orders concerning the water tank and water supply were made, nominal compensation of $100 was awarded, and the application was otherwise dismissed.
Legal Topics
["landlord's General Obligations" 'fitness for Habitation' 'reasonable State of Repair' 'clean Water Supply' 'repair Orders' 'compensation for Breach of Residential Tenancy Agreement' 'extension of Time' 'bathroom Mould and Ventilation']
['residential Tenancies' 'consumer and Commercial Division Proceedings'] ["landlord's General Obligations" 'fitness for Habitation' 'reasonable State of Repair' 'clean Water Supply' 'repair Orders' 'compensation for Breach of Residential Tenancy Agreement' 'extension of Time' 'bathroom Mould and Ventilation']

Case Brief

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Procedural Posture

Residential Tenancy Application for Compensation and Repair Orders Under the Residential Tenancies Act 2010 (nsw) / Principal Judgment After Hearing on the Merits

Legal Issues

  1. 1 ['Whether the landlords had an obligation to provide infrastructure supplying water suitable for drinking and household purposes when the tenancy began on 8 July 2016 or when s 52(1A) of the Residential Tenancies Act 2010 (NSW) commenced on 23 March 2020.' 'Whether the landlords breached obligations under s 52(1A)(f) and s 63 of the Residential Tenancies Act 2010 (NSW) concerning clean water supply and maintenance of the water tank.' "Whether the tenant's compensation claim for earlier periods was within time or should be extended under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW)." "What compensation, if any, should be awarded for the landlords' breach concerning water supply." 'Whether the landlords breached obligations under s 52(1A)(c) or s 63 of the Residential Tenancies Act 2010 (NSW) concerning bathroom ventilation, mould and repainting.']

Ratio Decidendi

The landlords breached their obligation to provide premises fit for habitation and to maintain the water tank in a reasonable state of repair because the premises relied on a tank supplied in part by water from a local water course and the water was not suitable for drinking; they had notice from 24 May 2022 and did not respond with legally sufficient repairs. Repair orders were therefore warranted. The tenant was not granted an extension of time for compensation before the 3-month period preceding the application because the delay was very substantial, ignorance of the law was not an acceptable explanation, the landlords would suffer prejudice, and the compensation claim had poor...

Court Disposition

The tenant's application was allowed in part: repair orders concerning the water tank and water supply were made, nominal compensation of $100 was awarded, and the application was otherwise dismissed.

Orders

  • ['The landlords, Frank Muscat and Robert Muscat must cause the undertaking of the following work in a proper and workmanlike manner before 28 February 2023: permanently disconnect the tank from the water supply from the local water course; establish and maintain a filtration system at the top of the tank that...