Fathisharghbin v Radford [2023] NSWCATCD 123

Fathisharghbin v Radford [2023] NSWCATCD 123

The Tribunal found the rent payable was excessive during periods of reduced or withdrawn use due to water ingress, mould, and extensive remedial works, warranting orders reducing rent and requiring repayment of amounts for rent overpaid. The Tribunal further found the landlord breached statutory repairing obligations, and the right to quiet enjoyment, entitling tenants to compensation for losses established by the evidence.

Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Residential Tenancy Dispute / Final Merits Decision and Orders
Outcome
Orders made in favour of the tenants in part; application otherwise dismissed.
Legal Topics
['excessive Rent' 'damages for Loss of Quiet Enjoyment' 'state of Disrepair' 'compensation for Damaged Goods']
['tenancy' 'consumer and Commercial'] ['excessive Rent' 'damages for Loss of Quiet Enjoyment' 'state of Disrepair' 'compensation for Damaged Goods']

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Procedural Posture

Residential Tenancy Dispute / Final Merits Decision and Orders

Legal Issues

  1. 1 ['Whether the rent payable was excessive due to reduction or withdrawal of use of premises' 'Whether tenants are entitled to compensation for loss and damage due to breach of landlord obligations']

Ratio Decidendi

The Tribunal found the rent payable was excessive during periods of reduced or withdrawn use due to water ingress, mould, and extensive remedial works, warranting orders reducing rent and requiring repayment of amounts for rent overpaid. The Tribunal further found the landlord breached statutory repairing obligations, and the right to quiet enjoyment, entitling tenants to compensation for losses established by the evidence.

Court Disposition

Orders made in favour of the tenants in part; application otherwise dismissed.

Orders

  • ['The rent payable for the rented premises was excessive and must not exceed $336.00 per week for the period 17 February 2022 to 4 December 2022.' 'The rent payable for the rented premises was excessive and must not exceed $120.00 per week for the period 5 December 2022 to 11 February 2023.' 'Orders 1 and 2 are...