Lior Manheim v Helen Caredes [2015] NSWCATCD 55

Lior Manheim v Helen Caredes [2015] NSWCATCD 55

Although the evidence supported that the bathroom exhaust fan was not functioning adequately, the tenant did not prove that this caused mould growth in the premises, damage to personal property, or compensable loss of amenity. The signed written agreement provided that water usage was not payable, so the tenant was entitled to reimbursement of $357.72 paid. Because part of the electrician's work involved investigating the exhaust fan, a matter properly for the landlord, the tenant was entitled to reimbursement of one half of that bill, $50.00.

Jurisdiction
Australia
Judgment Date
28 April 2015
Procedural Posture
Residential Tenancy Application / Principal Judgment After Hearing
Outcome
The application was allowed in part; the water usage and part electrician's fee claims were allowed, and the remaining claims were dismissed.
Legal Topics
['repairs' 'mould' 'water Usage Charges' 'compensation' "electrician's Fees"]
['residential Tenancy Law' 'consumer and Commercial Law'] ['repairs' 'mould' 'water Usage Charges' 'compensation' "electrician's Fees"]

Case Brief

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Procedural Posture

Residential Tenancy Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the landlord breached the residential tenancy agreement by failing to maintain the bathroom exhaust fan in a reasonable state of repair and thereby caused mould damage.' 'Whether the tenant was entitled to compensation for loss of amenity or mould-damaged personal property.' 'Whether the tenant was entitled to reimbursement of water usage charges paid under the written lease.' "Whether the tenant was entitled to reimbursement for part of the electrician's fees."]

Ratio Decidendi

Although the evidence supported that the bathroom exhaust fan was not functioning adequately, the tenant did not prove that this caused mould growth in the premises, damage to personal property, or compensable loss of amenity. The signed written agreement provided that water usage was not payable, so the tenant was entitled to reimbursement of $357.72 paid. Because part of the electrician's work involved investigating the exhaust fan, a matter properly for the landlord, the tenant was entitled to reimbursement of one half of that bill, $50.00.

Court Disposition

The application was allowed in part; the water usage and part electrician's fee claims were allowed, and the remaining claims were dismissed.

Orders

  • ['Pursuant to s 187 of the Residential Tenancies Act 2010, the Respondent is to pay the Applicant $357.72 on or before 11 May 2015.' "Pursuant to s 187 of the Residential Tenancies Act 2010, the Respondent is to pay the Applicant $50.00 compensation for electrician's fees on or before 11 May 2015." "The applicant's...