North Coast Community Housing v Knight Joanne Knight v North Coast Community Housing [2014] NSWCATCD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: North Coast Community Housing v Knight Joanne Knight v North Coast Community Housing [2014] NSWCATCD 132 Hearing dates: 12 September 2013, 8 October 2013, 5 December 2013 Decision date: 11 February 2014 Before: G Bassett, General Member Decision: 1. On or before 4 March 2014, the tenant is to remove all rubbish underneath the premises; 2. If the tenant does not comply with order 1, at any time on, or before 4 June 2104, the landlord may renew the application for termination of the residential tenancy agreement; 3. On, or before 18 March 2014, the landlord is to inspect the premises and carry out any repairs not already done as listed in the tenant's repair letter dated 2 April 2013; 4. If the landlord does not comply with order 3, at any time on, or before 18 July 2014, the landlord may renew the application for termination of the residential tenancy agreement; 5. From 17 July 2013 until 16 July 2014, the rent is not to exceed $352.00 per fortnight. Catchwords: Repair, reasonable state of cleanliness, nuisance, non-rent arrears, excessive rent Legislation Cited: ss 44, 51, 87, 187(b) Residential Tenancies Act 2010 Category: Principal judgment Parties: North Coast Community Housing (Applicant / cross respondent) Knight (Respondent / cross applicant) File Number(s): SH 13/13004, SH 13/25565

reasons for decision

APPLICATION 1The landlord lodged their application on 8 March 2013. The applicant claimed there had been a lengthy history of nuisance and annoyance, including, though not restricted to reports of excessive loud music, domestic violence, fighting and arguments between the tenant and visitors. 2A hearing was set for 1 May 2013. At the landlord's request this was adjourned to allow the landlord further time to collate evidence. The tenant's cross application was lodged with the Tribunal on 10 May 2013. Both matters first came before Member Holwell on 5 June 2013. On 5 June 2013 Member Holwell adjourned both matters for hearing and made the usual directions in relation to documents. 3The tenant's claim alleged that the tenant wrote to the landlord on 2 April 2013 about an extensive of number of repairs to the premises. Several repairs were urgent repairs which posed a risk to the tenant's safety. The landlord failed to do repairs. Due to the exclusive repairs and loss of use of parts of the premises, the tenant requested a rent reduction of 25% of weekly rent from 2 April 2013 and rebated on a weekly rent of $181.70. 4File SH 13/13016 was also lodged on 8 March 2013 by the landlord. It sought an order that the tenant pay all rent payable to the Tribunal until the agreement had been performed or an application for compensation had been determined. On 12 March 2013 Ms Ward wrote to the Tribunal and asked that that the order sought under s 187(1f)(1) of the Act in SH 13/13016 be included in the SH 13/13004 matter. Application SH 13/13016 was withdrawn on 12 March 2013 by order of the Registrar. 5On 12 September 2013, both matters came before me. At that hearing, it became clear that the tenancy had been on foot since 2002. There was a vast number of documents and new documents were tendered at the beginning of the hearing. The matter continued through lunchtime and into a third hour, but still remained part-heard. Cross-examination of the landlord's representative was continuing. 6The matter was further heard on 8 October 2013. Due to the behaviour of the parties and landlord's representatives, but not the representative for the tenant, that hearing had to be stood down for a time to allow all present to collect their thoughts. That hearing too was part-heard.