Greco v NSW Land & Housing Corporation [2021] NSWCATCD 25

Greco v NSW Land & Housing Corporation [2021] NSWCATCD 25

The Tribunal found that the landlord's own repair schedule supported the tenant's claim that, by the time the application was lodged, the kitchen facilities and access to one bedroom had been reduced, making a $30 per week rent reduction from 16 December 2020 to 1 May 2021 reasonable notwithstanding the rent subsidy. The landlord's failure to undertake security-related repairs and failure to give required notice for contractors substantially interfered with the tenant's reasonable peace, comfort and privacy and breached the landlord's obligations to repair and provide quiet enjoyment. Compensation of $500, rather than the $5000 claimed, was appropriate because JOSS harassment was not...

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Residential Tenancy Application for Repairs, Compensation and Rent Reduction Under the Residential Tenancies Act 2010 (nsw) / Principal Judgment After Hearing; Landlord's Cross Application Withdrawn
Outcome
Application allowed in part; rent reduced and compensation awarded; repairs had been resolved by consent orders and the respondent's cross-application was withdrawn.
Legal Topics
['rent Reduction for Reduced Facilities' 'quiet Enjoyment' "landlord's Duty to Repair" 'notice of Entry for Repairs' 'compensation for Distress and Inconvenience' 'extension of Time']
['residential Tenancy Law' 'social Housing' 'civil and Administrative Tribunal Proceedings'] ['rent Reduction for Reduced Facilities' 'quiet Enjoyment' "landlord's Duty to Repair" 'notice of Entry for Repairs' 'compensation for Distress and Inconvenience' 'extension of Time']

Case Brief

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Procedural Posture

Residential Tenancy Application for Repairs, Compensation and Rent Reduction Under the Residential Tenancies Act 2010 (nsw) / Principal Judgment After Hearing; Landlord's Cross Application Withdrawn

Legal Issues

  1. 1 ['Whether the tenant was entitled to a rent reduction because kitchen facilities and access to a bedroom were reduced by disrepair.' 'Whether the landlord breached duties to repair, to give required notice for access, and to allow quiet enjoyment of the premises.' 'Whether compensation for breach of quiet enjoyment could include distress and inconvenience and was separate from the rent reduction.' 'Whether any extension of time was required or should be granted for the compensation application.']

Ratio Decidendi

The Tribunal found that the landlord's own repair schedule supported the tenant's claim that, by the time the application was lodged, the kitchen facilities and access to one bedroom had been reduced, making a $30 per week rent reduction from 16 December 2020 to 1 May 2021 reasonable notwithstanding the rent subsidy. The landlord's failure to undertake security-related repairs and failure to give required notice for contractors substantially interfered with the tenant's reasonable peace, comfort and privacy and breached the landlord's obligations to repair and provide quiet enjoyment. Compensation of $500, rather than the $5000 claimed, was appropriate because JOSS harassment was not...

Court Disposition

Application allowed in part; rent reduced and compensation awarded; repairs had been resolved by consent orders and the respondent's cross-application was withdrawn.

Orders

  • ['The rent shall not exceed $170.00 per week as from 16 December 2020 to 1 May 2021.' 'Any rent paid by, or on behalf of, the tenant in excess of that amount is to be refunded through an adjustment to the rent ledger within 14 days of these orders.' 'The respondent is to pay the applicant $500 by way of compensation...