Goodwin v Morgan [2021] NSWCATCD 4

Goodwin v Morgan [2021] NSWCATCD 4

The landlord breached section 63 of the Residential Tenancies Act 2010 by failing to maintain the roof in a reasonable state of repair with reasonable diligence having had notice. The tenant was entitled to compensation for damaged belongings and loss of amenity but not for moving costs, psychologist appointments, or loss of investment income.

Jurisdiction
Australia
Judgment Date
07 May 2021
Procedural Posture
Residential Tenancy Dispute / Principal Judgment
Outcome
Landlord to pay tenant compensation
Legal Topics
["landlord's Obligation" 'repair and Maintenance' 'compensation' 'rent Abatement']
['residential Tenancies' 'consumer Law'] ["landlord's Obligation" 'repair and Maintenance' 'compensation' 'rent Abatement']

Case Brief

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Procedural Posture

Residential Tenancy Dispute / Principal Judgment

Legal Issues

  1. 1 ['Whether the landlord breached the obligation to maintain premises in a reasonable state of repair' 'Whether the tenant was entitled to compensation for damaged belongings, rent abatement, and loss of amenity']

Ratio Decidendi

The landlord breached section 63 of the Residential Tenancies Act 2010 by failing to maintain the roof in a reasonable state of repair with reasonable diligence having had notice. The tenant was entitled to compensation for damaged belongings and loss of amenity but not for moving costs, psychologist appointments, or loss of investment income.

Court Disposition

Landlord to pay tenant compensation

Orders

  • ['The landlord is to pay the tenant the sum of $2,371.45 within 14 days of the date of this decision.']