Charrouf v NSW Land and Housing Corporation [2023] NSWCATCD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Charrouf v NSW Land and Housing Corporation [2023] NSWCATCD 109 Hearing dates: 31 July 2023 Date of orders: 14 August 2023 (amended on 23 August 2023) Decision date: 14 August 2023 Jurisdiction: Consumer and Commercial Division Before: K George, General Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published on 14 August 2023 are amended as follows: (1) By consent, on or before 30 September 2023, the respondent will remove all asbestos from the kitchen, toilet and bathroom in accordance with health and safety best practice. (2) By consent, if the kitchen, bathroom or toilet cannot be used during the asbestos removal, the respondent will provide the applicant and the other occupants with temporary accommodation. (3) By consent, on or before 30 September 2023, the respondent will replace the ridge capping to the roof and repoint the roof. (4) By consent, on or before 30 September 2023, the respondent will investigate the roof cavity for the presence of mould and if mould is present, treat the mould. (5) The respondent is to pay the applicant compensation of $5,759.00 on or before 14 September 2023. (6) The rent for the premises shall not exceed the amount of $155.65 per week for the period 13 August 2022 to 14 August 2023. (7) Any overpaid rent is to be paid as a rent credit to the tenant on or before 14 September 2023. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) - Landlord's obligation to repair and maintain - Excessive rent - Quiet enjoyment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Andrew Fletcher and Song Fletcher v Luke Bunbury [2015] NSWCATCD 60 Biskupic v Allen [2019] NSWCATAP 102 Bulmash v Webster [2016] NSWCATCD 23 Capponi v Bridge Housing Limited [2021] NSWCATCD 17 Eliezer v Residential Tribunal and Ors [2001] NSWSC 1092 Hadley v Baxendale [1854] 9 Ex 341 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kazacos Investments Pty Ltd atf Kazacos Investments Trust v Maher [2021] NSWCATAP 219 Kork v Merheb [2021] NSWCATAP 349 Northern Sandblasting Pty Ltd v Harris (1997) 146 ALJR 254 O'Brien v Carlo-Stella [2022] NSWCATCD 12 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: Nil Category: Principal judgment Parties: Maan Obeid Charrouf (applicant)