Campbell v Fazzolari [2022] NSWCATCD 44

Campbell v Fazzolari [2022] NSWCATCD 44

A 30% reduction in rent is appropriate due to withdrawal of access to the balcony, which significantly enhanced the value of the premises. Landlords did not breach their obligation to repair, as repairs are the responsibility of the Owners Corporation and landlords took reasonable action to notify them.

Parties
Applicant: Adam Campbell; First Respondent: Ray Fazzolari; Second Respondent: Marcus Fazzolari; Other: The Owners – Strata Plan No. 55035
Jurisdiction
Australia
Judgment Date
07 March 2022
Procedural Posture
Residential Tenancy Dispute / Final Determination
Outcome
Rent reduction determined; repair application dismissed; compensation application withdrawn; The Owners – Strata Plan No. 55035 removed as respondent.
Legal Topics
Rent Reduction, Withdrawal of Facilities, Obligation to Repair
Residential Tenancies Rent Reduction Withdrawal of Facilities Obligation to Repair

Case Brief

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Parties

Adam Campbell

Applicant

Ray Fazzolari

First Respondent

Marcus Fazzolari

Second Respondent

The Owners – Strata Plan No. 55035

Other

Procedural Posture

Residential Tenancy Dispute / Final Determination

Legal Issues

  1. 1 Whether the rent payable is excessive due to loss of access to balcony
  2. 2 Whether landlords breached obligation to maintain premises in reasonable state of repair

Ratio Decidendi

A 30% reduction in rent is appropriate due to withdrawal of access to the balcony, which significantly enhanced the value of the premises. Landlords did not breach their obligation to repair, as repairs are the responsibility of the Owners Corporation and landlords took reasonable action to notify them.

Court Disposition

Rent reduction determined; repair application dismissed; compensation application withdrawn; The Owners – Strata Plan No. 55035 removed as respondent.

Orders

  • Rent not to exceed $1,890 per fortnight from 5 March 2022 until 4 March 2023 or until tenant has access to the balcony, whichever occurs first.
  • Application for order for repairs dismissed.