Hendy v Parsons [2024] NSWCATCD 25

Hendy v Parsons [2024] NSWCATCD 25

The landlord breached his obligations under the tenancy agreement and the Residential Tenancies Act 2010 (NSW) by failing to provide and maintain the dishwasher, bedroom blinds, and air-conditioning in a reasonable state of repair within a reasonable time after being notified. The landlord is not liable under the tenancy agreement or the Act for common property (e.g. the swimming pool) which is the responsibility of the owners' corporation. The applicant is entitled to compensation for the periods of non-repair and for the landlord’s failure to provide the blinds in a reasonably clean and serviceable condition from the start of the tenancy. The rent is to be reduced while the repair is...

Parties
Applicant: Jack Hendy; Respondent: Randal Parsons
Jurisdiction
Australia
Judgment Date
20 February 2024
Procedural Posture
Tenancy Dispute / Final Merits Hearing and Decision
Outcome
Applicant successful in part; compensation and orders for repair and rent reduction granted.
Legal Topics
Repairs to Premises, Landlord's Duty, Rent Reduction, Compensation
Landlord and Tenant Residential Tenancies Repairs to Premises Landlord's Duty Rent Reduction Compensation

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Parties

Jack Hendy

Applicant

Randal Parsons

Respondent

Procedural Posture

Tenancy Dispute / Final Merits Hearing and Decision

Legal Issues

  1. 1 Whether the landlord breached obligations to repair or maintain under the tenancy agreement and Residential Tenancies Act 2010 (NSW)
  2. 2 Whether the applicant is entitled to compensation or rent reduction for failure to repair dishwasher, air-conditioning, and blinds
  3. 3 Whether the landlord is liable for the swimming pool (common property) not being available

Ratio Decidendi

The landlord breached his obligations under the tenancy agreement and the Residential Tenancies Act 2010 (NSW) by failing to provide and maintain the dishwasher, bedroom blinds, and air-conditioning in a reasonable state of repair within a reasonable time after being notified. The landlord is not liable under the tenancy agreement or the Act for common property (e.g. the swimming pool) which is the responsibility of the owners' corporation. The applicant is entitled to compensation for the periods of non-repair and for the landlord’s failure to provide the blinds in a reasonably clean and serviceable condition from the start of the tenancy. The rent is to be reduced while the repair is...

Court Disposition

Applicant successful in part; compensation and orders for repair and rent reduction granted.

Orders

  • The respondent, Randal Parsons, is to pay the applicant, Jack Hendy, compensation of $2,490.50 immediately.
  • The respondent is to replace the 4 dirty/mouldy roller blinds in the bedroom with new clean roller blinds of similar specification on or before 11 March 2024 in a proper and workmanlike manner.