Wickham v Agosti [2015] NSWCATCD 35

Wickham v Agosti [2015] NSWCATCD 35

The Tribunal found the landlords had notice of the need for repair and failed to act with reasonable diligence, constituting a breach of s 63 of the Residential Tenancies Act 2010. Compensation in the form of rent reduction was appropriate for periods where the applicants' amenity was diminished, but not for their asserted commercial value of personal time where no actual loss was shown, nor for rent periods covered by consent orders.

Parties
Applicants: John Wickham and Rebecca Wickham; Respondents: Marcelo Agosti and Cintia Agosti
Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Application for Compensation Under Residential Tenancies Act 2010 / Decision After Hearing
Outcome
The Tribunal ordered the respondents to pay the applicants $5,714.29 within 28 days, to be credited against any existing or accruing rent arrears.
Legal Topics
Landlord's Obligation to Repair, Tenant Remedies, Compensation for Loss of Amenity, Consent Orders, Rent Reduction, Notice of Need for Repair
Tenancy Property Law Landlord's Obligation to Repair Tenant Remedies Compensation for Loss of Amenity Consent Orders Rent Reduction Notice of Need for Repair

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Parties

John Wickham and Rebecca Wickham

Applicants

Marcelo Agosti and Cintia Agosti

Respondents

Procedural Posture

Application for Compensation Under Residential Tenancies Act 2010 / Decision After Hearing

Legal Issues

  1. 1 Whether the landlords breached their obligation to maintain the premises in a reasonable state of repair
  2. 2 Whether compensation is payable for loss of amenity due to sewage backflow events
  3. 3 Whether tenants are entitled to rent reduction during periods of diminished facility

Ratio Decidendi

The Tribunal found the landlords had notice of the need for repair and failed to act with reasonable diligence, constituting a breach of s 63 of the Residential Tenancies Act 2010. Compensation in the form of rent reduction was appropriate for periods where the applicants' amenity was diminished, but not for their asserted commercial value of personal time where no actual loss was shown, nor for rent periods covered by consent orders.

Court Disposition

The Tribunal ordered the respondents to pay the applicants $5,714.29 within 28 days, to be credited against any existing or accruing rent arrears.

Orders

  • The respondents shall pay to the applicants the sum of $5,714.29 within 28 days from the date of these orders.
  • The amount referred to in order 1 may be credited against any rent arrears existing at the date of this order or any rent arrears accruing from the date of this order to the due date for payment.