Elsom &Taylor– Parker v Coroneos [2016] NSWCATCD 47

Elsom &Taylor– Parker v Coroneos [2016] NSWCATCD 47

The tenants could not obtain compensation under s 187 without an underlying entitlement, and no breach of the residential tenancy agreement by the landlords was alleged or established. The only possible basis for relief was rent abatement under s 43(2), but Unit 23 remained habitable throughout the relevant period: the noise did not threaten life, limb or health, did not affect structural or health safety standards, did not make the premises or any room unable to be used, and occurred during hours when the landlords were entitled to expect the tenants would be at their disclosed full-time external employment. Because the premises did not become wholly or partly uninhabitable, no rent...

Jurisdiction
Australia
Judgment Date
26 May 2016
Procedural Posture
Residential Tenancy Application for Rent Reduction or Compensation / Final Decision After Hearing
Outcome
The application is dismissed.
Legal Topics
['rent Reduction' 'compensation' 'uninhabitable Premises' 'noise From Another Unit' 'quiet Enjoyment']
['residential Tenancy Law' 'consumer and Commercial Law'] ['rent Reduction' 'compensation' 'uninhabitable Premises' 'noise From Another Unit' 'quiet Enjoyment']

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Procedural Posture

Residential Tenancy Application for Rent Reduction or Compensation / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether Unit 23 became wholly or partly uninhabitable because of renovations in the unit above.' 'Whether the tenants were entitled to rent abatement, rent reduction or compensation under ss 43, 45 and 187 of the Residential Tenancies Act 2010 (NSW).' 'Whether there was any breach of the residential tenancy agreement by the landlords that could support compensation.']

Ratio Decidendi

The tenants could not obtain compensation under s 187 without an underlying entitlement, and no breach of the residential tenancy agreement by the landlords was alleged or established. The only possible basis for relief was rent abatement under s 43(2), but Unit 23 remained habitable throughout the relevant period: the noise did not threaten life, limb or health, did not affect structural or health safety standards, did not make the premises or any room unable to be used, and occurred during hours when the landlords were entitled to expect the tenants would be at their disclosed full-time external employment. Because the premises did not become wholly or partly uninhabitable, no rent...

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']