Paul Tony DeBono and Lisa Marie Reviglio v Rebecca Ferguson [2014] NSWCATCD 117

Paul Tony DeBono and Lisa Marie Reviglio v Rebecca Ferguson [2014] NSWCATCD 117

The landlord breached the obligation to maintain the premises in a reasonable state of repair under section 63 of the Residential Tenancies Act 2010, as evidenced by tenant complaints and failure to address reparable defects within a reasonable period, resulting in a significant loss of amenity to the tenants. Compensation of $2,500 is justified based on global assessment and comparative verdicts.

Jurisdiction
Australia
Judgment Date
09 July 2014
Procedural Posture
Residential Tenancy Dispute / Final Decision
Outcome
compensation awarded
Legal Topics
['repair Obligations' 'compensation' 'quiet Enjoyment']
['property Law' 'residential Tenancies'] ['repair Obligations' 'compensation' 'quiet Enjoyment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Residential Tenancy Dispute / Final Decision

Legal Issues

  1. 1 ['Did the landlord breach statutory obligations to repair residential premises under Section 63 of the Residential Tenancies Act 2010?' 'Are tenants entitled to compensation for loss of amenity due to alleged failures to repair?' 'Was there a breach of quiet enjoyment under Section 50 of the Act?']

Ratio Decidendi

The landlord breached the obligation to maintain the premises in a reasonable state of repair under section 63 of the Residential Tenancies Act 2010, as evidenced by tenant complaints and failure to address reparable defects within a reasonable period, resulting in a significant loss of amenity to the tenants. Compensation of $2,500 is justified based on global assessment and comparative verdicts.

Court Disposition

compensation awarded

Orders

  • ['The landlord, Rebecca Ferguson, is to pay the tenants, Paul Tony DeBono and Lisa Marie Reviglio, the sum of $2,500.00 on or before 30 July 2014.']