Bush v Menzies [2024] NSWCATCD 43

Bush v Menzies [2024] NSWCATCD 43

The landlord breached his obligations to repair under the Residential Tenancies Act 2010 (NSW) for specific items (floorboards, stove knob, oven door seal, sliding closet door). The refusal to allow installation of safety rails was unreasonable. The landlord is not responsible for repairs or actions beyond the...

Source-derived case information.

Parties
Applicant: Beverly Bush; Respondent: Mark Menzies
Jurisdiction
Australia
Judgment Date
04 June 2024
Procedural Posture
Residential Tenancy—repairs/compensation Application / Final Decision After Hearing
Outcome
Orders made for specified repairs; tenant permitted to install safety rails (with conditions); compensation awarded; all other claims dismissed.
Legal Topics
Repairs Under Residential Tenancies Act, Landlord's Duty to Repair, Tenant's Right to Install Safety Fixtures, Compensation for Non Economic Loss, Excessive Rent Claims, Tribunal Jurisdiction
Tenancy Consumer Law Repairs Under Residential Tenancies Act Landlord's Duty to Repair Tenant's Right to Install Safety Fixtures Compensation for Non Economic Loss Excessive Rent Claims Tribunal Jurisdiction

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Parties

Beverly Bush

Applicant

Mark Menzies

Respondent

Procedural Posture

Residential Tenancy—repairs/compensation Application / Final Decision After Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to determine the application
  2. 2 Whether the landlord breached duties to repair and maintain the premises
  3. 3 Whether the tenant may install safety rails in the premises

Ratio Decidendi

The landlord breached his obligations to repair under the Residential Tenancies Act 2010 (NSW) for specific items (floorboards, stove knob, oven door seal, sliding closet door). The refusal to allow installation of safety rails was unreasonable. The landlord is not responsible for repairs or actions beyond the tenancy agreement relating to the garden, alternative storage, or claims seeking improvements rather than repairs. The tenant is entitled to limited economic and non-economic compensation where a breach was established, but not to reductions of rent or other speculative compensation.

Court Disposition

Orders made for specified repairs; tenant permitted to install safety rails (with conditions); compensation awarded; all other claims dismissed.

Orders

  • Order varied as set out in the reasons regarding the scope of claims permitted for determination.
  • Respondent to carry out repairs to floorboards in loungeroom, stove knob, oven door seal, and sliding closet door in second bedroom by 4 July 2024.