Mercieca v NSW Land and Housing Corporation [2019] NSWCATCD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mercieca v NSW Land and Housing Corporation [2019] NSWCATCD 66 Hearing dates: 9 August 2019 and 24 September 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Consumer and Commercial Division Before: Margaret Mary McCue Decision: 1 The respondent is to pay to the applicant the sum of $ 1,550 on or before 31 October 2019. The monies are to be paid by a lump sum payment rather than a rental credit. Catchwords: Urgent repair; reimbursement; compensation Legislation Cited: Residential Tenancies Act 2010 Civil and Administrative Legislation (Repeal and Amendment) Act 2013 Category: Principal judgment Parties: Helen Mercieca (applicant) NSW Land and Housing Corporation (respondent) Representation: Helen Mercieca (applicant)

Mr Nash (respondent) File Number(s): SH 19/21509 Publication restriction: Nil

Reasons for Decision

Application

The adjournment of the proceedings 1. The matter was listed before the tribunal on 9 August 2019. The matter was stood over part heard to 24 September 2019 to allow the respondent to formally serve documents on the applicant. 2. On the previous occasion, the tribunal clarified the precise nature of the application. The applicant seeks an order pursuant to section 65 (1) (b) RTA for reimbursement of $ 2,250. 3. In certain circumstances, a tenant may request reimbursement from the landlord for certain repairs and maintenance that fall within the category of an urgent repair. The applicant relies upon a safety issue as set out in the definition of section 62 (k) of the Act. any fault or damage that causes the residential premises to be unsafe or insecure 1. In order for the applicant to succeed in the claim, the applicant needs to satisify the Tribunal that the respondent has not complied with its obligations to maintain and repair the premises as set in section 63 of the Act. 2. Further, the applicant says that as a result of the respondent's breach for failure to repair and maintain the Cocos palm trees, the applicant is entitled to compensation. The applicant seeks an additional order for compensation pursuant to section 187 of the Act.