Tuckwell v Ientile [2022] NSWCATCD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tuckwell v Ientile [2022] NSWCATCD 124 Hearing dates: 28 June 2022 Date of orders: 29 July 2022 Decision date: 29 July 2022 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The Notice to Terminate dated 31 March 2022 issued pursuant to s 85 of the Residential Tenancies Act 2010 (NSW) is declared as having no effect on the basis that it is a retaliatory notice under s 115 of the Residential Tenancies Act 2010 (NSW). (2) By 31 August 2022, the respondent is to conduct the following works to the residential premises the subject of the residential tenancy agreement between the parties: (a) Repair or replace all missing; non-operative and damaged window shutters. (b) Repair or replace all missing; non-operative and damaged blinds. (c) Repair or replace sliding door so that it is in good working order. (d) Repair or replace clothesline so that it is in good working order. (3) By 31 August 2022 the respondent is to give the applicants a rent credit in the amount of $1,280 and the tenancy ledger is amended accordingly. (4) The applicants are to give reasonable access to the residential premises to the landlord; the landlord's agent; any representative of the landlord; and any tradesperson engaged by the landlord so that the works in Order 1 can be performed. (5) All other claims by the applicants are dismissed. Catchwords: LEASES AND TENANCIES---Residential Tenancies Act 2010 (NSW)---repair of premises---breach---remedies---assessment of compensation LEASES AND TENANCIES---Residential Tenancies Act 2010 (NSW)---notice to terminate---whether retaliatory under s 115 Residential Tenancies Act 2010---discretion to set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Bannister v Cheung [2014] NSWCATCD 105 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kork v Merheb [2021] NSWCATAP 349 Mercieca v Fu [2017] NSWCATAP 205 Murarer v Andresson [2016] NSWCATAP 15 Murphy v Lewkovitz; Lewkovitz v Murphy [2021] NSWDC 361 Pan v Malveholm [2021] NSWCATAP 101 Roberts v Aboriginal Housing Office [2017] NSWCATAP 9 Torpey v Stewart [2021] NSWCATAP 248 Williams v Gerringong Aboriginal Housing Corporation [2022] NSWCATAP 144 Worrall v Commissioner for Housing of ACT [2002] FCAFC 127 Texts Cited: Anforth, Christensen and Adkins, Residential Tenancies Law and Practice NSW (7th ed, 2017) Category: Principal judgment Parties: Leigh Tuckwell (Applicant) Simon Emerson (Applicant) Natalie Adams (Applicant)