Becker v Priestley [2022] NSWCATCD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Becker v Priestley [2022] NSWCATCD 167 Hearing dates: 22 June 2022 Date of orders: 26 July 2022 Decision date: 26 July 2022 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: (1) The application is dismissed because, having considered the material placed before it, the Tribunal is not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) Repairs — Landlord's duty — Repairs — Urgent repairs — Excessive rent Legislation Cited: Residential Tenancies Act 2010 (NSW), sections 31(a), 44, 63, 64 Category: Principal judgment Parties: Joanne Becker (Applicant) Benjamin Priestley (Respondent) Representation: Applicant (self-represented) J Masteries, Agent (Respondent) File Number(s): RT 22/14312 Publication restriction: Nil

REASONS FOR DECISION

Procedural history and application 1. On 31 March 2022 the tenant lodged a claim for: 1. rent reduction for withdrawal of goods, services, or facilities 2. compensation of $580.00 and $625.00 3. amendment of a condition report 4. order for landlord carry out repairs. 1. The matter came before the Tribunal on 28 April for a conciliation hearing. It did not settle, and orders were made for a contested hearing. At order 1 the Tribunal noted a rent reduction of $75.00 per week was sought for the entire tenancy. In addition, $580.00 was sought for mould remediation costs and $625.00 for "purchase of rugs and loss of amenity".