Hunter v Compass Housing Services Co Limited [2023] NSWCATCD 72

Hunter v Compass Housing Services Co Limited [2023] NSWCATCD 72

The landlord breached s 63 of the Residential Tenancies Act 2010 by failing within a reasonable time to repair water ingress and mould issues, including a serious roof leak, after notice. The fact that the defect was a builder's warranty issue and that the builder delayed rectification did not excuse the landlord's repair obligation. The tenant mitigated her loss and, notwithstanding rent abatement already paid for loss of use, was entitled to separate compensation for loss of enjoyment, distress, inconvenience and disappointment caused by the breach.

Jurisdiction
Australia
Judgment Date
31 July 2023
Procedural Posture
Residential Tenancy Application for Compensation for Failure to Repair / Principal Judgment After Hearing
Outcome
Application allowed in part; compensation awarded to the tenant, time extended to the extent necessary, and respondent's name amended.
Legal Topics
['residential Tenancies Act 2010 (nsw)' 'compensation' 'failure to Repair' 'water Ingress and Mould' 'non Economic Loss' 'urgent Repairs' 'extension of Time']
['residential Tenancies' 'consumer and Commercial Law'] ['residential Tenancies Act 2010 (nsw)' 'compensation' 'failure to Repair' 'water Ingress and Mould' 'non Economic Loss' 'urgent Repairs' 'extension of Time']

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Procedural Posture

Residential Tenancy Application for Compensation for Failure to Repair / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the landlord breached the residential tenancy agreement by failing to provide and maintain the premises in a reasonable state of repair under s 63 of the Residential Tenancies Act 2010.' 'Whether the water ingress and mould-related repairs were urgent repairs, including a serious roof leak, under s 62 of the Residential Tenancies Act 2010.' "Whether the landlord could rely on delay or inaction by the builder in relation to a builder's warranty issue as a defence to the tenant's claim for failure to repair." 'Whether the tenant was entitled to compensation for loss of enjoyment, distress, inconvenience and disappointment in addition to rent abatement already paid.' 'Whether any extension of time was required for filing the application.']

Ratio Decidendi

The landlord breached s 63 of the Residential Tenancies Act 2010 by failing within a reasonable time to repair water ingress and mould issues, including a serious roof leak, after notice. The fact that the defect was a builder's warranty issue and that the builder delayed rectification did not excuse the landlord's repair obligation. The tenant mitigated her loss and, notwithstanding rent abatement already paid for loss of use, was entitled to separate compensation for loss of enjoyment, distress, inconvenience and disappointment caused by the breach.

Court Disposition

Application allowed in part; compensation awarded to the tenant, time extended to the extent necessary, and respondent's name amended.

Orders

  • ['The landlord, Compass Housing Services Co Limited t/as Home in Place is to pay the tenant, Natasha Hunter, the sum of $2000 on or before 18 August 2023.' 'To the extent necessary, leave is granted to extend the time for the filing of the application in this matter to 28 April 2023.' "The respondent's name is...