Kevin Miller & Michelle Miller v Ken Buck & Leonie Buck [2014] NSWCATCD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kevin Miller & Michelle Miller v Ken Buck & Leonie Buck [2014] NSWCATCD 159 Hearing dates: 1 April 2014; 11 June 2014 Decision date: 25 August 2014 Jurisdiction: Consumer and Commercial Division Before: J Lennard, General Member Decision: 1 The landlords are to pay the tenants the sum of $7,010.00 as compensation for failure to repair premises and a refund of rent overpaid from one April 2014 to 11 June 2014. 2 The landlords are to undertake the following work in a proper and workmanlike manner: - (a) repair of the dam wall and drainage work in areas surrounding the damp by 25 June 2014. (b) grade for the driveway to enable access to premises by tenants and delivery vehicles by 9 July 2014. (c) repair to roof gutters and downpipes to ensure that there are no leaks into the premises or over the front door and to ensure the rainwater is properly inadequately directed to the rainwater state storage tanks by 9 July 2014. (d) undertake all repairs is necessary to restore the premises to a reasonable state of repair and to ensure that the premises are secure and safe - by 15 August 2014. 3 Having regard to the reduction by the landlord of facilities in relation to water storage accessible driveway the use of the deck and sunroom, the use of the bathroom and kitchen the rent is reduced to $175.00 per week from one April 2014 to 15 August 2014. Catchwords: LANDLORD - failure to repair - compensation - rent reduction - orders to repair Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Northern Sandblasting P/L v Harris (1997) 188 CLR 313 Smith v Residential Tenancies Tribunal [2002] NSWSC 518 Texts Cited: Anforth, Christensen and Taylor, Residential Tenancies Law and Practice New South Wales, Federation press 2011. Category: Principal judgment Parties: Kevin Miller and Michelle Miller (applicants) Ken Buck and Leonie Back (respondents File Number(s): RT 14/ 14711 Publication restriction: Unrestricted