Przibilla v Ting; Ting v Przibilla [2022] NSWCATCD 42

Przibilla v Ting; Ting v Przibilla [2022] NSWCATCD 42

A rent abatement under s 45 was not available as any uninhabitability resulted from the landlord’s breach, not an independent cause; however, the tenant was entitled to a rent reduction under s 44(1)(b) due to the landlord's withdrawal of facilities (primarily failure to repair roof leaks), such that rent was not to exceed $470 per week for twelve months and the tenant was entitled to a $2,600 rent reduction.

Parties
Applicant and Cross Respondent: Caroline Przibilla; Respondent and Cross Applicant: Alex Ting; Respondent and Cross Applicant: Gay Ting
Jurisdiction
Australia
Judgment Date
02 March 2022
Procedural Posture
Residential Tenancy Dispute / Final Orders and Reasons for Decision
Outcome
Orders made for rent reduction, payment of rent arrears and water usage arrears, bond to be paid to landlords, and application otherwise dismissed.
Legal Topics
Residential Tenancies, Rent Arrears, Rent Abatement, Rent Reduction
Tenancy Law Residential Tenancies Rent Arrears Rent Abatement Rent Reduction

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Parties

Caroline Przibilla

Applicant and Cross Respondent

Alex Ting

Respondent and Cross Applicant

Gay Ting

Respondent and Cross Applicant

Procedural Posture

Residential Tenancy Dispute / Final Orders and Reasons for Decision

Legal Issues

  1. 1 Whether the tenant is entitled to rent abatement under s 45 of the Residential Tenancies Act 2010
  2. 2 Whether the tenant is entitled to rent reduction under s 44(1)(b) of the Residential Tenancies Act 2010

Ratio Decidendi

A rent abatement under s 45 was not available as any uninhabitability resulted from the landlord’s breach, not an independent cause; however, the tenant was entitled to a rent reduction under s 44(1)(b) due to the landlord's withdrawal of facilities (primarily failure to repair roof leaks), such that rent was not to exceed $470 per week for twelve months and the tenant was entitled to a $2,600 rent reduction.

Court Disposition

Orders made for rent reduction, payment of rent arrears and water usage arrears, bond to be paid to landlords, and application otherwise dismissed.

Orders

  • Rent is not to exceed $470 per week for a twelve month period from 26 October 2020 to 25 October 2021.
  • The landlords are to pay the tenant $2,600 immediately as rent reduction for the twelve month period.