Cox v Compass Housing Services Co Pty Ltd [2023] NSWCATCD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cox v Compass Housing Services Co Pty Ltd [2023] NSWCATCD 164 Hearing dates: 7 December 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) The Tribunal declares that the rent payable by Mr Cox is excessive, taking into account the withdrawal of facilities and services caused by the landlord's failure to keep the premises in repair. (2) The rent is not to exceed 40% of the rent otherwise payable by the tenant, from 4 May 2023, until all of the repairs are completed, or 4 May 2024, whichever first occurs. (3) By 21 December 2023 Compass Housing Services Co Ltd is to pay to Taylor Cox the sum of $5,400 • $400 as compensation for the damage to his washing machine, and • $5000.00 compensation for distress (4) By 31 January 2024 Compass Housing Services Co Ltd is to provide to Taylor Cox a replacement clothes dryer, of equivalent size to the one damaged by water ingress and removed by the building manager. (5) Compass Housing Services Co Ltd is to immediately cause the following repairs to be carried out in a proper and workmanlike manner: • Investigate and repair leak under kitchen sink to prevent ingress into the power outlet under sink. (6) Compass Housing Services Co Ltd is to cause the following repairs to be carried out in a proper and workmanlike manner, on or before 31 January 2024: • Paint flaking from plaster patches on bathroom ceiling (where not under coated) needs repainting. • Repair or replace bathroom light, hallway light, and main room light • Replace soap holder in bathroom. • Replace toilet cistern. • Repair or replace air conditioner. • Repair or replace bathroom exhaust fan. • Repair or replace kitchen range hood exhaust. Catchwords: RESIDENTIAL TENANCIES: Compensation for landlord's failure to repair – non economic loss – ongoing failure to repair Category: Principal judgment Parties: Taylor Cox Compass Housing Services Co Ltd t/as Home in Place File Number(s): SH 23/39167 Publication restriction: Unrestricted