Andrew Fletcher and Song Fletcher; v Luke Bunbury [2015] NSWCATCD 60

Andrew Fletcher and Song Fletcher; v Luke Bunbury [2015] NSWCATCD 60

The Tribunal found that Bedroom 3 and wardrobes in Bedrooms 2 and 3 were unusable from 11 April to 28 November 2014 due to mould caused by rising damp, which was not adequately addressed by the landlord after being given notice. This amounted to reduction of services justifying a rent reduction. The landlord also breached the obligation to keep the premises in a reasonable state of repair, entitling the tenant to compensation for losses caused by the contamination. Orders were made reducing the rent, and awarding compensation and return of the rental bond.

Parties
Applicant Tenant: Andrew Fletcher and Song Fletcher; Respondent Landlord: Luke Bunbury
Jurisdiction
Australia
Judgment Date
14 April 2015
Procedural Posture
Residential Tenancy Dispute / Merits Hearing and Final Decision
Outcome
Orders in favour of the applicant-Tenant. Compensation and rent reduction ordered. Bond released to tenant.
Legal Topics
Mould, Repairs, Excessive Rent, Compensation
Residential Tenancies Consumer Law Mould Repairs Excessive Rent Compensation

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Parties

Andrew Fletcher and Song Fletcher

Applicant Tenant

Luke Bunbury

Respondent Landlord

Procedural Posture

Residential Tenancy Dispute / Merits Hearing and Final Decision

Legal Issues

  1. 1 Whether the rent payable under the tenancy agreement was excessive due to the reduction or withdrawal of services (mould, loss of use of rooms)
  2. 2 Whether the landlord breached the obligation to maintain the premises in a reasonable state of repair
  3. 3 Whether the tenant was entitled to compensation for losses (decontamination, transport costs, bond)

Ratio Decidendi

The Tribunal found that Bedroom 3 and wardrobes in Bedrooms 2 and 3 were unusable from 11 April to 28 November 2014 due to mould caused by rising damp, which was not adequately addressed by the landlord after being given notice. This amounted to reduction of services justifying a rent reduction. The landlord also breached the obligation to keep the premises in a reasonable state of repair, entitling the tenant to compensation for losses caused by the contamination. Orders were made reducing the rent, and awarding compensation and return of the rental bond.

Court Disposition

Orders in favour of the applicant-Tenant. Compensation and rent reduction ordered. Bond released to tenant.

Orders

  • Pursuant to s 44(1)(b) of the Residential Tenancies Act 2010, the rent payable is not to exceed $700.00 per week for the period 11 April 2014 to 28 November 2014.
  • Pursuant to s 187 of the Residential Tenancies Act 2010, the respondent is to pay the applicants compensation of $15,000.00 on or before 23 April 2015.