Imran v Zhang [2023] NSWCATCD 159

Imran v Zhang [2023] NSWCATCD 159

The Tribunal found that the bathroom ceiling leak was present at the commencement of the tenancy and that the landlord was notified on or about 8 December 2022. Although the evidence did not show that the premises were uninhabitable at the start of the tenancy under s 52, the landlord breached s 63 of the Residential Tenancies Act 2010 (NSW) by failing to maintain the premises in a reasonable state of repair. The leak was common property, but the landlord failed to act with reasonable diligence in following up repairs with the owners corporation or using available remedies under the Strata Schemes Management Act 2015 (NSW). The tenants lost effective use of the only shower for nearly...

Jurisdiction
Australia
Judgment Date
20 December 2023
Procedural Posture
Residential Tenancy Compensation Application / Final Hearing; Principal Judgment
Outcome
Application allowed in part; compensation ordered for the tenants.
Legal Topics
["landlord's Obligation to Repair and Maintain" 'fitness for Habitation' 'compensation' 'common Property Repairs' 'non Economic Loss']
['residential Tenancies' 'consumer and Commercial' 'strata Schemes'] ["landlord's Obligation to Repair and Maintain" 'fitness for Habitation' 'compensation' 'common Property Repairs' 'non Economic Loss']

Case Brief

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Procedural Posture

Residential Tenancy Compensation Application / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether the landlord breached the Residential Tenancies Act 2010 (NSW) by providing premises with a bathroom ceiling leak at the start of the tenancy.' 'Whether the premises were not fit for habitation at the start of the tenancy under s 52 of the Residential Tenancies Act 2010 (NSW).' 'Whether the landlord failed to maintain the premises in a reasonable state of repair under s 63 of the Residential Tenancies Act 2010 (NSW) by failing to act with reasonable diligence in relation to strata common property repairs.' "Whether the tenants suffered compensable damage and loss, including distress, inconvenience and disappointment, as a reasonably foreseeable consequence of the landlord's breach."]

Ratio Decidendi

The Tribunal found that the bathroom ceiling leak was present at the commencement of the tenancy and that the landlord was notified on or about 8 December 2022. Although the evidence did not show that the premises were uninhabitable at the start of the tenancy under s 52, the landlord breached s 63 of the Residential Tenancies Act 2010 (NSW) by failing to maintain the premises in a reasonable state of repair. The leak was common property, but the landlord failed to act with reasonable diligence in following up repairs with the owners corporation or using available remedies under the Strata Schemes Management Act 2015 (NSW). The tenants lost effective use of the only shower for nearly...

Court Disposition

Application allowed in part; compensation ordered for the tenants.

Orders

  • ['The respondent Xiaoyu Zhang is to pay the applicants Muhammad Imran and Bushra Noor the amount of $5,500.00 on or before 4 January 2024.']