Cox v Compass Housing Services Co Pty Ltd [2023] NSWCATCD 164

Cox v Compass Housing Services Co Pty Ltd [2023] NSWCATCD 164

Compass breached the residential tenancy agreement by failing to keep the premises in good and proper repair and by failing to act with due diligence on reported repairs. Mr Cox did not frustrate the repairs, because he allowed access on all but two occasions and Compass frequently failed to give the required notice. The continuing defects withdrew facilities and services, made the rent excessive, caused property loss, and caused distress, justifying repair orders, a rent reduction, replacement of the dryer, and compensation.

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Residential Tenancy Application Concerning Repairs, Rent Reduction and Compensation / Final Hearing and Orders
Outcome
Application substantially allowed; repair, rent reduction, replacement dryer and compensation orders made.
Legal Topics
["landlord's Obligation to Repair" 'rent Reduction for Withdrawal of Facilities and Services' 'compensation for Damage and Distress' 'access for Repairs']
['residential Tenancies' 'consumer and Commercial Tribunal Proceedings'] ["landlord's Obligation to Repair" 'rent Reduction for Withdrawal of Facilities and Services' 'compensation for Damage and Distress' 'access for Repairs']

Case Brief

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Procedural Posture

Residential Tenancy Application Concerning Repairs, Rent Reduction and Compensation / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether Compass breached the residential tenancy agreement by failing to keep the premises in good and proper repair.' 'Whether Mr Cox frustrated repairs by refusing access to the premises.' 'Whether the rent payable was excessive because of withdrawal of facilities and services caused by failure to repair.' 'Whether Mr Cox was entitled to compensation for damage to his washing machine, replacement of the dryer, and distress caused by the failure to repair.']

Ratio Decidendi

Compass breached the residential tenancy agreement by failing to keep the premises in good and proper repair and by failing to act with due diligence on reported repairs. Mr Cox did not frustrate the repairs, because he allowed access on all but two occasions and Compass frequently failed to give the required notice. The continuing defects withdrew facilities and services, made the rent excessive, caused property loss, and caused distress, justifying repair orders, a rent reduction, replacement of the dryer, and compensation.

Court Disposition

Application substantially allowed; repair, rent reduction, replacement dryer and compensation orders made.

Orders

  • ["The Tribunal declares that the rent payable by Mr Cox is excessive, taking into account the withdrawal of facilities and services caused by the landlord's failure to keep the premises in repair." 'The rent is not to exceed 40% of the rent otherwise payable by the tenant, from 4 May 2023, until all of the repairs...