Wickham v Agosti [2015] NSWCATCD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wickham v Agosti [2015] NSWCATCD 35 Hearing dates: 3 February 2015 Decision date: 19 March 2015 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: The respondents shall pay to the applicants the sum of $5,714.29 within 28 days from the date of these orders. The amount referred to in order 1 may be credited against any rent arrears existing at the date of this order or any rent arrears accruing from the date of this order to the due date for payment. Catchwords: Landlord's obligation to maintain residential premises, breach by tenant for non-payment of rent, effect of consent orders on claim for rent reduction, landlord's notice of need for repair, balance between tenants' rights and landlords' rights following breaches by both parties Legislation Cited: Residential Tenancies Act 2010 Cases Cited: Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Category: Principal judgment Parties: John Wickham and Rebecca Wickham (applicants) Marcelo Agosti and Cintia Agosti (respondents) Representation: Applicants in person Anna Marten (Agent) for respondents File Number(s): RT 14/55191 Publication restriction: Nil

REASONS FOR DECISION

Application 1. The applicants filed an application with the Tribunal on 14 November 2014 seeking an order under s 187(1)(d) of the Residential Tenancies Act 2010 (the RTA) against the respondents, as landlords. The amount of compensation sought is $13,397.05. The claim for compensation is made in respect of the consequences of a sewage back flow problem which occurred on 11 June 2014 at the premises occupied by the applicants, as tenants, under a Residential Tenancy Agreement dated 9 April 2014. The application also states that the sewage back flow problem occurred again on 18 September 2014. 2. The applicants allege that they were unable to use a major part of the residence for more than 20 weeks. 3. The claim pleaded in the application consists of four elements: 1. A claim for compensation for time expended by them in being present to facilitate, co-ordinate and manage contractors on-site and to store furniture and personal effects and time spent communicating by telephone and email in relation to the issues. The claim made in respect of this element is $4,140.00, being 69 hours of time expended at the rate of $60.00 per hour. 2. A 100% rent reduction for 9 days for the period 11 June 2014 to 19 June 2014 ($1,157.13) 3. A 50% rent reduction for 117 days for the period 20 June 2014 to 14 October 2014 ($7,521.35) 4. A 30% rent reduction for 15 days for the period 15 October 2014 to 29 October 2014 ($578.57)