Bush v Menzies [2024] NSWCATCD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bush v Menzies [2024] NSWCATCD 43 Hearing dates: 17 May 2024 Date of orders: 4 June 2024 Decision date: 04 June 2024 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The order made on 17 May 2024 allowing the applicant to seek the orders in the document which is pages 1 and 2 of the bundle of documents filed on 1 March 2024 so far as paragraphs 1, 4 except so far as the cleaning of the oven and flue, 6 to 12, 24 and 25 except for the last two dot points is varied by adding "16 to 18 except for the weeds on the fence and the removal of the fence" after "12". (2) The respondent is to carry out the following repairs to the premises the subject of the residential tenancy agreement between the applicant and himself by 4 July 2024: (a) the floorboards in the loungeroom approximately 1.5 metres from the main bedroom where the previous repair has come away; (b) the knob of the stove with a detached sleeve; (c) the oven door seal; (d) the sliding closet door in the second bedroom. (3) The applicant may instal safety rails for each of the toilet and shower in the ensuite, the toilet in the laundry, and the bath in the main bathroom of the premises conditional on the safety rails being installed by a licensed builder. (4) The respondent is to pay the sum of $510.92 to the applicant immediately. (5) The proceedings are otherwise dismissed. If you do not receive the money payable to you as directed by this order, you can get a certified copy of this money order from NCAT. You can then register it with the Local or District Court to enforce the order. For more information about enforcing money orders, visit the NCAT website www.ncat.nsw.gov.au. Note: Failure to pay the money owed by this order in the time directed can result in enforcement action being taken in the Local or District Court. If this happens additional costs and interest can be added to the amount payable. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Repairs — Landlord's duty - whether repairs are required – whether compensation payable for failure to carry out repairs - Alteration of premises by tenant – whether tenant may instal safety rails - Right to quiet enjoyment – no substantial interference Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 29, 38, 45, 58, Sch 4, cl 3 Civil and Administrative Tribunal Rules 2014 (NSW), r 13 Civil Liability Act 2002 (NSW), Pt 2 Residential Tenancies Act 2010 (NSW), ss 29, 44, 50, 52, 65, 68, 187, 190 Residential Tenancies Regulation 2019 (NSW), cll 22, 39, 40 Cases Cited: Compass Housing Services Co Limited t/as Home in Place v Gower [2023] NSWCATAP 24 Hawkesbury Nominees Pty Ltd v Battik Pty Ltd [2000] FCA 185 Jeray v Blue Mountains City Council [2024] NSWCATAP 66 Makowska v St George Community Housing Ltd [2021] NSWSC 287 Tanner v NSW Land and Housing Corporation [2023] NSWCATCD 24 Telstra Corporation Ltd v Sicard Pty Ltd [2009] NSWSC 827 Texts Cited: None cited Category: Principal judgment Parties: Beverly Bush (Applicant) Mark Menzies (Respondent) Representation: Applicant (self-represented) R Cleary (Managing agent) (Respondent) File Number(s): 2023/00373688 (formerly RT 23/44687) Publication restriction: Nil