Matthew Hanney and Belinda Smiley v ; Lachlan McCabe and Amanda Toshack [2014] NSWCATCD 239

Matthew Hanney and Belinda Smiley v ; Lachlan McCabe and Amanda Toshack [2014] NSWCATCD 239

Claims for compensation for defects in vanity, dishwasher, and blinds were out of time, but rent reduction for periods with withdrawal of services was awarded; compensation for pest treatment and uninhabitable periods awarded based on evidence; moving costs and gas leak claim refused; refund from rental bond awarded after deducting water, electricity, and cleaning.

Parties
Applicant: Matthew Hanney; Applicant: Belinda Smiley; Respondent: Lachlan McCabe; Respondent: Amanda Toshack
Jurisdiction
Australia
Judgment Date
09 December 2014
Procedural Posture
Residential Tenancy Dispute / Final Determination
Outcome
Landlords ordered to pay tenants compensation and refund from rental bond.
Legal Topics
Repair Obligations, Rent Abatement, Residential Premises, Compensation, Bond Refund
Tenancy Consumer Law Repair Obligations Rent Abatement Residential Premises Compensation Bond Refund

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Parties

Matthew Hanney

Applicant

Belinda Smiley

Applicant

Lachlan McCabe

Respondent

Amanda Toshack

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Determination

Legal Issues

  1. 1 Whether landlords breached obligations to repair and maintain premises
  2. 2 Whether tenants are entitled to compensation and rent reduction for lack of services/facilities
  3. 3 Timeliness of application for compensation

Ratio Decidendi

Claims for compensation for defects in vanity, dishwasher, and blinds were out of time, but rent reduction for periods with withdrawal of services was awarded; compensation for pest treatment and uninhabitable periods awarded based on evidence; moving costs and gas leak claim refused; refund from rental bond awarded after deducting water, electricity, and cleaning.

Court Disposition

Landlords ordered to pay tenants compensation and refund from rental bond.

Orders

  • Landlords to pay $2,195.00 to tenants Matthew Hanney and Belinda Smiley by 19 December 2014 for rent abatement, pest treatment reimbursement, and reduction in services/facilities.
  • Landlords to pay $777.99 to tenants Matthew Hanney and Belinda Smiley by 19 December 2014 as refund from rental bond after deductions for water, electricity, and cleaning.