Kneipp v NSW Land and Housing Corporation [2022] NSWCATCD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kneipp v NSW Land and Housing Corporation [2022] NSWCATCD 126 Hearing dates: 21 July 2022 Date of orders: 1 August 2022 (amended 5 August 2022) Decision date: 01 August 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, reasons published are amended to read as follows: [Amendment 5 August 2022 – paragraph 67 – to correct typographical error – "not" inserted between "did" and "make" in line 10.] (1) The landlord must comply with the terms of the social housing agreement by: - to take all reasonable steps to ensure the landlord's other neighbouring tenants do not interfere with the reasonable peace, comfort, or privacy of the tenant in using the residential premises. (2) If order 1 is not complied with, the tenant may renew these proceedings at any time before 20 July 2023. (3) Any application for costs is to be filed with the Tribunal and served on the other party by 10 August 2022. The application is to include any evidence and supporting submissions limited to 5 A4 pages in not less than 11-point font. (4) Any reply to any application for costs is to be filed with the Tribunal and served on the other party by 24 August 2022. Any reply is to include any supporting submissions limited to 5 A4 pages in not less than 11-point font. (5) The Tribunal proposes to dispense with a hearing in relation to any application for costs. The parties are to include any submission they wish to make in relation to this proposed order in any application or reply to an application for costs. (6) Any costs application must set out the grounds upon which such an order should be made having regard to s 60(1), (2) and (3) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – rights and obligations of landlords and tenants – quiet enjoyment – obligation to take all reasonable steps to ensure that neighbouring tenants do not interfere with quiet enjoyment – meaning of "all reasonable steps" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Larking v Great Western (Nepean) Gravel Ltd (in Liq) [1940] HCA 37; (1940) CLR 221 McC v Director of Housing [2009] VCAT 2748 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Southwark London Borough Council v Tanner [2001] 1 AC 1 Texts Cited: Consumer and Commercial Division Guideline: Costs Category: Principal judgment Parties: Carl Kneipp (Applicant) NSW Land and Housing Corporation (Respondent) Representation: Applicant (self-represented) C Lawrence, Senior Client Service Officer (respondent) File Number(s): SH 22/17593 Publication restriction: Nil