Cincotta v Chmait [2022] NSWCATCD 145

Cincotta v Chmait [2022] NSWCATCD 145

The landlord breached s 63 of the Residential Tenancies Act 2010 by failing to maintain the premises in a reasonable state of repair after receiving notice of water leaks and mould, causing significant loss of amenity, distress, and property damage, for which compensation is due to the tenant.

Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Tribunal Application / Decision at First Instance
Outcome
The landlord is to pay the tenant $5,000 within 14 days.
Legal Topics
["landlord's Obligation" 'reasonable State of Repair' 'compensation for Breach' "tenant's Rights"]
['residential Tenancies'] ["landlord's Obligation" 'reasonable State of Repair' 'compensation for Breach' "tenant's Rights"]

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Procedural Posture

Tribunal Application / Decision at First Instance

Legal Issues

  1. 1 ['Whether the landlord failed to maintain the residential premises in a reasonable state of repair in breach of s 63 of the Residential Tenancies Act 2010' 'Whether the tenant is entitled to compensation for loss of amenity, distress, damage to belongings, relocation costs, and breach of privacy']

Ratio Decidendi

The landlord breached s 63 of the Residential Tenancies Act 2010 by failing to maintain the premises in a reasonable state of repair after receiving notice of water leaks and mould, causing significant loss of amenity, distress, and property damage, for which compensation is due to the tenant.

Court Disposition

The landlord is to pay the tenant $5,000 within 14 days.

Orders

  • ['The landlord is to pay the tenant the sum of $5,000 within 14 days of the date of this decision.']