Bell v Sultana and Longo [2024] NSWCATCD 48

Bell v Sultana and Longo [2024] NSWCATCD 48

The Tribunal found that the Landlords attended to all reported repairs in a timely manner and that the Tenant had reasonable and continued use of the third bedroom. Evidence of ongoing leaks or mould was not established after February 2023, and the Tenant did not discharge the onus of proof. Claims for compensation related to other alleged breaches (such as dead trees and the driveway) were unsupported or out of time. There was no reduction or withdrawal of goods, services, or facilities, and no breach of the Landlords' obligations under the Act was proved.

Parties
Applicant: Jessica Bell; Respondent: Robert Sultana; Respondent: Antonella Longo
Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Residential Tenancy Dispute / Final Determination
Outcome
Application dismissed
Legal Topics
Landlord's Obligation to Repair, Tenant's Claim for Compensation, Excessive Rent, Breach of Quiet Enjoyment
Residential Tenancies Consumer Law Landlord's Obligation to Repair Tenant's Claim for Compensation Excessive Rent Breach of Quiet Enjoyment

Case Brief

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Parties

Jessica Bell

Applicant

Robert Sultana

Respondent

Antonella Longo

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Determination

Legal Issues

  1. 1 Whether the Landlords breached their obligations to repair under section 63 of the Residential Tenancies Act 2010 (NSW)
  2. 2 Whether the Tenant is entitled to compensation or rent reduction for alleged reduction or withdrawal of goods, services or facilities
  3. 3 Whether the Tenant's application is within the limitation period

Ratio Decidendi

The Tribunal found that the Landlords attended to all reported repairs in a timely manner and that the Tenant had reasonable and continued use of the third bedroom. Evidence of ongoing leaks or mould was not established after February 2023, and the Tenant did not discharge the onus of proof. Claims for compensation related to other alleged breaches (such as dead trees and the driveway) were unsupported or out of time. There was no reduction or withdrawal of goods, services, or facilities, and no breach of the Landlords' obligations under the Act was proved.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.