Saiah v Affordable Community Housing Limited [2023] NSWCATCD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saiah v Affordable Community Housing Limited [2023] NSWCATCD 23 Hearing dates: 10 February 2023 Date of orders: 27 February 2023 Decision date: 27 February 2023 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: (1) The Tribunal authorises the landlord, Affordable Community Housing Limited or the landlord's authorised contractor to enter the residential premises on or before 25-Mar-2023 for the purpose of: (a) inspecting the residential premises for maintenance, repairs or health and safety (b) carrying out the following work: maintenance and repairs. See Order (5). (2) The landlord is to give the tenant 48-hours' notice of the date and time for access. (3) The tenant is not to obstruct the landlord in carrying out these orders. (4) If the landlord cannot gain access to the residential premises on the date and time as notified in accordance with the above order, the landlord or their representative may engage a locksmith to gain entry to the premises and if the locksmith alters the locking device the landlord is to provide a copy of the door opening device to the tenant immediately. (5) The Tribunal orders that the respondent, Affordable Community Housing Limited, is to cause the undertaking of the following work in a proper and workmanlike manner on or before 25-Mar-2023. Detail of work: (a) complete concreting driveway in footpath area (b) on compliance with order 1, remove mould at the bedrooms in premises. (6) The application of the tenant for compensation is dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Repairs — Landlord's duty Legislation Cited: Sections 63, 65, 187 Residential Tenancies Act 2010 Category: Principal judgment Parties: Applicant: Rania Saiah (tenant)