Cincotta v Chmait [2022] NSWCATCD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cincotta v Chmait [2022] NSWCATCD 145 Hearing dates: 14 July 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: The landlord is to pay the tenant the sum of $5,000 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 Category: Principal judgment Parties: Rebecca Cincotta (Applicant) Rina Chmait and Hassan Chmait (Respondents) Representation: Applicant (self-represented) Ms Rix (Respondents) Ms Steedman (Respondents) File Number(s): RT 22/19980 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant claims a rent reduction and compensation for the landlord's failure to maintain the premises in a reasonable state of repair. 2. The applicant and the respondent were, respectively, the tenant and the landlord under a residential tenancy agreement. The tenancy agreement between the parties commenced in July 2020, for a rental was $380 per week. A new tenancy agreement was entered into between the parties commencing July 2021, with a fixed term to 9 July 2022, for a rental of $400 per week. The tenancy terminated when the tenant vacated the premises in April 2022.

Legislation and legal principles 1. Section 63(1) of the Residential Tenancies Act 2010 ("Act") provides: 63 Landlord's general obligation (1) A landlord must provide and maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises. 1. The Tribunal must not determine that a landlord has breached this obligation unless it is satisfied that the landlord had notice of the need for the repair or ought reasonably to have known of the need for the repair, and the landlord failed to act with reasonable diligence to have the repair carried out.