Kevin Miller & Michelle Miller v Ken Buck & Leonie Buck [2014] NSWCATCD 159

Kevin Miller & Michelle Miller v Ken Buck & Leonie Buck [2014] NSWCATCD 159

The landlords breached their contractual and statutory obligation to maintain the premises in a reasonable state of repair, resulting in loss of use, reduction of facilities, and injury to the tenants. The tenants are entitled to compensation for the loss suffered due to this breach, a rent reduction for the period during which facilities were reduced, and orders that the landlords complete specified repairs.

Jurisdiction
Australia
Judgment Date
25 August 2014
Procedural Posture
Tenancy Dispute / Final Decision
Outcome
Orders in favour of the tenants
Legal Topics
["landlord's Obligation to Repair" 'compensation for Failure to Repair' 'rent Reduction' 'orders to Repair']
['residential Tenancies' 'consumer Law'] ["landlord's Obligation to Repair" 'compensation for Failure to Repair' 'rent Reduction' 'orders to Repair']

Case Brief

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Procedural Posture

Tenancy Dispute / Final Decision

Legal Issues

  1. 1 ['Whether the landlords breached their obligation to maintain the premises in a reasonable state of repair' 'Whether the tenants are entitled to compensation for the failure to repair' 'Whether the rent should be reduced due to withdrawal or reduction of facilities']

Ratio Decidendi

The landlords breached their contractual and statutory obligation to maintain the premises in a reasonable state of repair, resulting in loss of use, reduction of facilities, and injury to the tenants. The tenants are entitled to compensation for the loss suffered due to this breach, a rent reduction for the period during which facilities were reduced, and orders that the landlords complete specified repairs.

Court Disposition

Orders in favour of the tenants

Orders

  • ['The landlords are to pay the tenants $7,010.00 as compensation for failure to repair premises and as a refund of rent overpaid from one April 2014 to 11 June 2014.' 'The landlords are to undertake specified repair works, including repair of the dam wall and drainage, grading the driveway, repairing roof gutters...