Moffatt v Muscat [2023] NSWCATCD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moffatt v Muscat [2023] NSWCATCD 13 Hearing dates: 12 January 2023 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The landlords, Frank Muscat and Robert Muscat must cause the undertaking of the following work in a proper and workmanlike manner before 28 February 2023: (a) Permanently disconnect the tank from the water supply from the local water course. (b) Establish and maintain a filtration system at the top of the tank that ensures that only clean rainwater enters the tank. (c) Empty all water from the tank. (d) Thoroughly clean and sanitise the interior of the tank. (e) Upon completion of the above, fill the tank with clean water suitable for drinking ensuring that it remains full to at least 50% capacity at all times. (2) The landlords, Frank Muscat and Robert Muscat must pay the tenant, Hailee Moffatt, $100.00 immediately. (3) The application is otherwise dismissed. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – obligations of tenant and landlord – landlord's general obligations – obligation to provide premises in a state fit for habitation – obligation to maintain premises in a reasonable state of repair Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 41 Residential Tenancies Act 2010 (NSW) – ss 39, 41, 52, 63, 65, 187, 190 Residential Tenancies Amendment (Review) Act 2018 (NSW); Schedule 1 Residential Tenancies Regulation 2019 (NSW) Cases Cited: Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; (1992) 174 CLR 64 De Soleil v Palmhide P/L [2010] NSWCTTT 464 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Proudfoot v Hart (1890) 25 QBD 42 Texts Cited: Legislative Assembly Hansard 28 September 2018, Residential Tenancies Amendment (Review) Bill 2018, Second Reading Speech Category: Principal judgment Parties: Hailee Moffatt (Applicant)