Windfeld v Ho [2020] NSWCATCD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Windfeld v Ho [2020] NSWCATCD 10 Hearing dates: 2 December 2019 Date of orders: 3 February 2020 Decision date: 03 February 2020 Jurisdiction: Consumer and Commercial Division Before: J Alder, General Member Decision: The Notice of Order issued on 3 February 2020 is amended under Section 63 of the Civil and Administrative Tribunal Act 2013, and should read as follows: 1. Pursuant to section 44(1)(b) of the Residential Tenancies Act NSW 2010, the rent is not to exceed $1,178 per week for the period 9 November 2018 to 3 September 2019 (40 weeks). 2. Pursuant to section 44(1)(b) of the Residential Tenancies Act NSW 2010, the rent is not to exceed $1,000 per week for the period 19 October 2018 to 2 November 2018 (2 weeks). 3. The respondent is to pay the applicant the sum of $3,380 within 14 days. 4. The balance of the claim is dismissed. Catchwords: LEASES AND TENANCIES – Tenancy – Excessive rent – Rent reduction-compensation Legislation Cited: Residential Tenancies Act NSW 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Camilla Windfeld (Applicant) Patricia Ho (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): RT 19/41112 Publication restriction: Nil

REASONS FOR DECISION

Background 1. This is an application for a retrospective rent reduction and/or compensation under the Residential Tenancies Act NSW 2010 (Act). 2. On 6 September 2017, the parties entered into a 24-month fixed term written residential tenancy agreement expiring on 3 September 2019 (RTA) in relation to premises at Cremorne (premises). The Premises consisted of three bedrooms plus a fourth studio room in the garden and were occupied by Camilla Windfield, her husband and their children aged 8 and 14 years (tenant). 3. The tenant paid a weekly rent of $1,250 and a rental bond of $5,000 (Bond) which 4. The premises were managed by David Murphy Real Estate Property Management Pty Ltd (Agent). 5. On 5 August 2019, the landlord served an end of fixed term termination notice on the tenant, with a vacate date of 14 September 2019. 6. On 11 September, the tenant filed this application. 7. The tenant did not vacate until 5 October 2019. 8. The tenant alleges a withdrawal and/or reduction of facilities, goods and services by the landlord/ and/or a failure to keep the premises in good repair. 9. During the tenancy, the tenant made numerous requests for repairs, for which she seeks compensation. They are as follows: 1. Sewer/blocked drain at side of house 2. Flooding of washing machine 3. Blinds for skylights in two bedrooms 4. Dishwasher 5. Shower leak 6. Broken roller door 7. Broken front gates 8. Mould 1. Various other items were specified in the application and referred to in the tenant's evidence, such as flying of drone over premises, harassment regarding visitors bringing a dog to the premises and lack of inspections. However no evidence was tendered on these issues and they were not pressed at the hearing. 2. Various other orders were sought in the application, including that the landlord's termination notice was invalid and retaliatory, but these were not pressed at the hearing.