Culmone v Brodie and Ors [2023] NSWCATCD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Culmone v Brodie and Ors [2023] NSWCATCD 89 Hearing dates: 09 June 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Consumer and Commercial Division Before: C Campbell, General Member Decision: (1) The landlord's claim for compensation pursuant to s 187(1)(d) of the Residential Tenancies Act 2010 is dismissed as the application was not filed within the prescribed time limits. Catchwords: Breach of the residential tenancy agreement – time limits - compensation Category: Principal judgment Parties: Applicant : Tony Culmone

Respondents: Brodie Nicholas and Lachlan Churchill and Regan Grgurovic and Paul Churchill File Number(s): RT 23/11316 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application by the landlord seeking compensation from the tenants for the costs associated with the replacement of a bathtub, pursuant to s 187(1)(d) of the Residential Tenancies Act 2020 ("RTA") The application was filed on the 08 March 2023. 2. Both parties filed and served their evidence. The landlord was represented by his managing agent Mr Davies. Mr Churchill appeared on behalf of his co-tenants and was assisted by his support person. 3. By way of background the parties entered into a residential tenancy agreement on the 09 September 2021 and the tenants vacated on 08 February 2023. 4. The rental bond of $3,400 was released to the tenants by Rental Bond Services on the 28 February 2023.

LANDLORD'S EVIDENCE 1. The bathtub was installed new in 2011. The shower is situated over the bathtub. 2. The landlord acknowledged that he was first notified by the tenants on the 02 December 2022 that there was mishap which resulted in a hole in the bath. The landlord responded on the 05 December 2022 informing the tenants that all issues would be quoted after the routine inspection which was scheduled on the 12 December 2022. 3. The tenants informed the landlord they were unable to use the shower due to the hole in the bathtub, as water would escape through the hole rather than down the plughole. The landlord did not arrange for an inspection or take any steps to have the bathtub repaired. It was the landlord evidence the agent overlooked the request made the tenant in relation to the bathtub repair. 4. The Routine Inspection report of the 12 December 2022 is before the Tribunal, and it reports the "shower/bath is in good working order." Two months later, on the 09 February 2023 at the outgoing inspection a different property manager reported there was a "hole in the bathtub". 5. The landlord relies on three quotations for the repair of the bath: * Sewer Surgeon dated 16 February 2023: $8,250 * JTC Plumbing Solutions 15 February 2023: $7,300 * JTC Plumbing Solutions 07 March 2023: $6,100 1. The landlord also relies on a report from Jacob Di Leo from Aqua Stream Plumbing Pty Ltd dated 01 March 2023. Mr Di Leo inspected the bathtub and in his opinion the hole was caused by impact of an item dropped by force, rather than any weakness in the moulded bathtub material. The bathtub was removed and the timber frame was rotted due to water coming through the hole. He formed the view the bathtub was beyond repair and needed to be replaced.