Windfeld v Ho [2020] NSWCATCD 10

Windfeld v Ho [2020] NSWCATCD 10

The landlord failed to properly maintain and repair the premises by not remedying the cause of washing machine water seepage to the outdoor patio from 9 November 2018 to 3 September 2019, causing a compensable loss of amenity, and the sewerage blockage for two weeks meant the state of the premises was not in accordance with what the tenant bargained for. Other alleged defects were either repaired with reasonable diligence, not breaches, not pressed, or unsupported by sufficient evidence. A 20% rent reduction, pro-rated where appropriate, was therefore ordered for the washing machine seepage and sewerage periods only.

Jurisdiction
Australia
Judgment Date
03 February 2020
Procedural Posture
Application for Retrospective Rent Reduction And/or Compensation Under the Residential Tenancies Act NSW 2010 / Principal Judgment After Hearing; Notice of Order Amended Under Section 63 of the Civil and Administrative Tribunal Act 2013
Outcome
Application allowed in part; respondent ordered to pay applicant $3,380 and balance of claim dismissed.
Legal Topics
['excessive Rent' 'rent Reduction' 'compensation' 'withdrawal or Reduction of Goods, Services or Facilities' 'landlord Repair Obligations']
['residential Tenancies' 'consumer and Commercial Disputes'] ['excessive Rent' 'rent Reduction' 'compensation' 'withdrawal or Reduction of Goods, Services or Facilities' 'landlord Repair Obligations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Retrospective Rent Reduction And/or Compensation Under the Residential Tenancies Act NSW 2010 / Principal Judgment After Hearing; Notice of Order Amended Under Section 63 of the Civil and Administrative Tribunal Act 2013

Legal Issues

  1. 1 ['Whether the rent payable was excessive because goods, services or facilities were withdrawn or reduced during the tenancy.' 'Whether the landlord breached obligations to keep the premises in reasonable repair or fit for habitation.' 'Whether the tenant was entitled to rent reduction or compensation for sewer blockage, washing machine water seepage, skylights, roller door, dishwasher, dripping taps, gates and mould.']

Ratio Decidendi

The landlord failed to properly maintain and repair the premises by not remedying the cause of washing machine water seepage to the outdoor patio from 9 November 2018 to 3 September 2019, causing a compensable loss of amenity, and the sewerage blockage for two weeks meant the state of the premises was not in accordance with what the tenant bargained for. Other alleged defects were either repaired with reasonable diligence, not breaches, not pressed, or unsupported by sufficient evidence. A 20% rent reduction, pro-rated where appropriate, was therefore ordered for the washing machine seepage and sewerage periods only.

Court Disposition

Application allowed in part; respondent ordered to pay applicant $3,380 and balance of claim dismissed.

Orders

  • ['Pursuant to section 44(1)(b) of the Residential Tenancies Act NSW 2010, the rent is not to exceed $1,178 per week for the period 9 November 2018 to 3 September 2019 (40 weeks).' 'Pursuant to section 44(1)(b) of the Residential Tenancies Act NSW 2010, the rent is not to exceed $1,000 per week for the period 19...