Sheriff v Compass Housing Services Co Ltd [2023] NSWCATCD 47

Sheriff v Compass Housing Services Co Ltd [2023] NSWCATCD 47

The landlord was on notice of mould requiring attention on 7 April 2021 but initially acted reasonably to investigate. Because the tenant did not provide access, the landlord was not liable for delay until inspection occurred on 8 July 2021. The landlord should then have completed remediation by 8 August 2021, but remediation was not completed until 24 June 2022. The landlord was responsible for the periods 8 August to 21 December 2021 and 20 April to 24 June 2022, excluding periods when the prevention principle applied because access was not available. After 24 June 2022 the landlord was entitled to rely on testing showing no elevated results and there was no evidence it received the...

Jurisdiction
Australia
Judgment Date
03 April 2023
Procedural Posture
Residential Tenancy Compensation Claim Concerning Mould and Alleged Breach of Landlord Repair Obligations / Principal Judgment After Hearing
Outcome
Application allowed in part; the respondent was ordered to pay the applicant $4,110.12 immediately.
Legal Topics
["landlord's Statutory and Contractual Obligation to Repair" 'mould in Residential Premises' 'compensation' 'access to Premises' 'prevention Principle' 'mitigation of Loss' 'rent Reduction']
['land Law' 'residential Tenancies' 'contract Law'] ["landlord's Statutory and Contractual Obligation to Repair" 'mould in Residential Premises' 'compensation' 'access to Premises' 'prevention Principle' 'mitigation of Loss' 'rent Reduction']

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Procedural Posture

Residential Tenancy Compensation Claim Concerning Mould and Alleged Breach of Landlord Repair Obligations / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the landlord breached s 63 of the Residential Tenancies Act 2010 (NSW) by failing to provide and maintain the premises in a reasonable state of repair in relation to mould.' 'Whether periods when the tenant did not provide access prevented the landlord from being liable for delay in investigating or remediating the mould.' "Whether the tenant was entitled to compensation and, if so, the amount recoverable within the Tribunal's jurisdiction." 'Whether the tenant failed to mitigate loss by not completing transfer or consent forms for alternative accommodation.']

Ratio Decidendi

The landlord was on notice of mould requiring attention on 7 April 2021 but initially acted reasonably to investigate. Because the tenant did not provide access, the landlord was not liable for delay until inspection occurred on 8 July 2021. The landlord should then have completed remediation by 8 August 2021, but remediation was not completed until 24 June 2022. The landlord was responsible for the periods 8 August to 21 December 2021 and 20 April to 24 June 2022, excluding periods when the prevention principle applied because access was not available. After 24 June 2022 the landlord was entitled to rely on testing showing no elevated results and there was no evidence it received the...

Court Disposition

Application allowed in part; the respondent was ordered to pay the applicant $4,110.12 immediately.

Orders

  • ['The respondent is to pay the applicant $4,110.12 immediately.']