Smaistrla v Wright Family Management Pty Ltd [2021] NSWCATCD 20

Smaistrla v Wright Family Management Pty Ltd [2021] NSWCATCD 20

The tenant could not maintain a rent reduction claim under section 44(1)(b) because she was no longer a tenant when the application was made, but the landlord breached its repair obligation by failing to take effective remedial action after being notified that the dryer was inoperative. The tenant was entitled to $140.00 compensation for loss of comfort and amenity, calculated at $20.00 per week for seven weeks. The tenant occupied the premises for 192 days and owed $2,510.72 in unpaid rent on the figures accepted at the hearing; after deducting the compensation, the landlord was entitled to $2,370.72 from the rental bond.

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Residential Tenancy Application Concerning Rental Bond, Compensation and Unpaid Rent / Principal Judgment; Reasons for Decision Following Orders Made on 9 June 2021
Outcome
Tenant awarded $140.00 compensation; landlord awarded $2,370.72 for unpaid rent from the rental bond, with any bond balance to be paid to the tenant.
Legal Topics
['rental Bond' 'unpaid Rent' 'compensation for Loss of Comfort and Amenity' 'repairs and Maintenance' 'rent Reduction']
['residential Tenancies' 'consumer and Commercial'] ['rental Bond' 'unpaid Rent' 'compensation for Loss of Comfort and Amenity' 'repairs and Maintenance' 'rent Reduction']

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Procedural Posture

Residential Tenancy Application Concerning Rental Bond, Compensation and Unpaid Rent / Principal Judgment; Reasons for Decision Following Orders Made on 9 June 2021

Legal Issues

  1. 1 ['Whether the tenant could maintain a rent reduction claim under section 44(1)(b) of the Residential Tenancies Act 2010 (NSW) after returning possession of the premises.' 'Whether the landlord breached an obligation to maintain the premises in a reasonable state of repair in relation to the clothes dryer and whether the tenant was entitled to compensation for loss of comfort and amenity.' 'How much unpaid rent was owed by the tenant at the end of the tenancy and how much of the rental bond should be paid to the landlord.']

Ratio Decidendi

The tenant could not maintain a rent reduction claim under section 44(1)(b) because she was no longer a tenant when the application was made, but the landlord breached its repair obligation by failing to take effective remedial action after being notified that the dryer was inoperative. The tenant was entitled to $140.00 compensation for loss of comfort and amenity, calculated at $20.00 per week for seven weeks. The tenant occupied the premises for 192 days and owed $2,510.72 in unpaid rent on the figures accepted at the hearing; after deducting the compensation, the landlord was entitled to $2,370.72 from the rental bond.

Court Disposition

Tenant awarded $140.00 compensation; landlord awarded $2,370.72 for unpaid rent from the rental bond, with any bond balance to be paid to the tenant.

Orders

  • ['The landlord, Wright Family Management Pty Ltd, is to pay the tenant, Nadine Smaistrla, the sum of $140.00 immediately. A money order is not to issue in relation to this order.' 'The tenant, Nadine Smaistrla is to pay the landlord, Wright Family Management Pty Ltd, the sum of $2,370.72 immediately.' 'Rental Bond...