Goodwin v Morgan [2021] NSWCATCD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Goodwin v Morgan [2021] NSWCATCD 4 Hearing dates: 23 February 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, Member Decision: The landlord is to pay the tenant the sum of $2,371.45 within 14 days of the date of this decision. Catchwords: RESIDENTIAL TENANCIES – Landlord's obligation – Reasonable state of repair - Breach – Compensation Legislation Cited: Residential Tenancies Act 2010 Cases Cited: Murphy v Pitt [2017] NSWCATCD 44 Texts Cited: None Category: Principal judgment Parties: Sharon Goodwin (applicant) Mary Morgan (respondent) Representation: Applicant in person, Ms Ekert for the respondent File Number(s): RT 20/45819 Publication restriction: Nil

reasons for decision 1. The applicant and the respondent were, respectively, the tenant and the landlord under a residential tenancy agreement. The first tenancy agreement between the parties commenced in March 2018. Most recently, a new tenancy agreement was entered into between the parties commencing on 2 April 2020, with a fixed term to 31 March 2021. The rental was $480 per week. 2. The tenant lodged this application with the Tribunal on 2 November 2020, claiming compensation for the landlord's failure to maintain the premises in a reasonable state of repair and a rent reduction or partial rent abatement because the premises were partly uninhabitable following a storm event on 26 October 2020. 3. The tenancy terminated on 9 November 2020, when the tenant vacated the premises. No break fee was claimed by the landlord.