Taunton v NSW Land and Housing Corporation [2022] NSWCATCD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taunton v NSW Land and Housing Corporation [2022] NSWCATCD 137 Hearing dates: 29 June 2022 Date of orders: 20 July 2022 Decision date: 20 July 2022 Jurisdiction: Consumer and Commercial Division Before: A Lynch, General Member Decision: The landlord is to pay the tenant the sum of $520 on or before 31 July 2022. The balance of the application is dismissed. Catchwords: LEASE AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Compensation – rent reduction – withdrawal of services – failure to repair Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Nil Category: Principal judgment Parties: Daniel Taunton (Applicant)

NSW Land and Housing Corporation (Respondent) Representation: M Baker, Eastern Area Tenancy Service (Applicant)

M Poche, NSW Land and Housing Corporation (Respondent) File Number(s): SH 22/16628 Publication restriction: Nil

REASONS FOR DECISION

Application 1. By way of an application lodged on 14 April 2022 the tenant seeks an order that rent is excessive pursuant to Section 44(1)(b) of the Residential Tenancies Act 2010 (NSW) ("the Act") arising from a failure to repair electrical wiring and compensation pursuant to Section 187 arising from stress, anxiety, inconvenience and embarrassment arising from the breach of his quiet enjoyment arising from a failure to repair by the landlord. 2. There is a residential tenancy agreement between the parties that commenced on 20 July 2020. The tenant pays subsidised rent of $112.05 per week. 3. Section 63 of the Act provides that a landlord must provide the premises in a reasonable state of repair. The tenant says that because of the landlord's failure to repair roof leaks in the property, the electrical cabling has been compromised affecting his internet and tv reception. The tenant requests a rent reduction of $16.92 per day for 12 months. 4. The tenant also claims a sum of $2000 for breach of his quiet enjoyment of the property, causing him distress, disappointment and anxiety.