Seibright v NSW Land and Housing Corporation [2015] NSWCATCD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seibright v NSW Land and Housing Corporation [2015] NSWCATCD 22 Hearing dates: 9 February 2015 Decision date: 23 February 2015 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: 1 The respondent must, within 28 days of the date of these orders, investigate the light reflection emanating from the common area lighting and entering Unit 18 and, where possible, limit such light reflection into Unit 18, including, if necessary the installation of a lampshade. 2 The application is otherwise dismissed. Catchwords: Reduction in rent Compensation Quiet enjoyment – peace, comfort and privacy Disability discrimination Legislation Cited: Residential Tenancies Act 2010 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Category: Principal judgment Parties: Jason Seibright (applicant) NSW Land and Housing Corporation (respondent) Representation: Mr Jason Seibright, applicant in person Mr John Dauth for the respondent File Number(s): SH 14/53357 Publication restriction: Nil

Reasons for Decision

APPLICATION 1. The applicant filed an application on 28 October 2014. The orders sought were those in a two-part submission filed contemporaneously with the application. The two-part submission comprises 220 pages. 2. Distilling the substantial submissions filed with the application, the applicant seeks variously: 1. An Order reducing the rent payable under the Residential Tenancy Agreement (the Lease) ; 2. An Order that the respondent refunds of all rent paid under the Lease (which commenced in October 2005); 3. An Order awarding the applicant compensation; 4. An Order that all future rent be paid to the Tribunal until the issues bringing the applicant and the respondent into dispute are determined by the Tribunal; 5. An order requiring the respondent to ensure the applicant's quiet enjoyment of "peace, comfort and privacy"; 6. An order declaring that the respondent has discriminated against the applicant by reason of the applicant's disability; 7. An order that the respondent is in breach of the lease as the common areas are so configured as to impact on the applicant's peace, comfort and privacy; 8. An order that the respondent replace the premises' kitchen bench, currently 400mm wide, to one which is 800mm wide; 9. An order that the respondent rectify plumbing pipe noise within the premises; 10. An order that the respondent rectify the common area lighting so as to reduce its impact on the applicant's peace, comfort and privacy.