Helen Collins v Link Housing Pty Ltd [2015] NSWCATCD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Helen Collins v Link Housing Pty Ltd [2015] NSWCATCD 63 Hearing dates: 22 April 2015 Decision date: 06 May 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The Tribunal confirms the orders made on 23 March 2015 whereby the respondent agreed to a rent reduction of $65.00 per week commencing from 2 January 2015 to 17 March 2015 amounting to a total of $694.52 to be paid to the applicant on or before 30 March 2015. 2. The Tribunal confirms the further order made on 23 March 2015 whereby the respondent was ordered to pay a minimum sum being at least $700.00 towards the applicants moving costs and also to provide quotations for removal and assistance to the applicant with packing and the respondent was to be invoiced directly for removal costs from an accredited removalist. 3. The application for further compensation for physical inconvenience between 2 January 2015 and 17 March 2015 is dismissed. Legislation Cited: Residential Tenancies Act 2010 s 187(1)(d); Civil Liability Act 2002 Cases Cited: Strahan v Residential Tenancies Tribunal (1998) NSWSC Category: Principal judgment Parties: Helen Collins (applicant) Link Housing Ltd (respondent) Representation: Mr Baddley - Solicitor appeared for the applicant. Mr Bacon - appeared as agent for the respondent. File Number(s): SH 15/10368 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. By an application filed on 25 February 2015 the applicant, as a tenant of premises at 4/39A King Street, Waverton brought proceedings against the respondent as her landlord, seeking an order that the rent payable was excessive and further orders for payment of compensation as well as an order that certain repairs be carried out. 2. The application noted that there had been a gas leak at the premises for almost 18 months and that the leak had not been properly fixed thereby affecting the use of hot water and increasing excess gas charges. 3. The applicant sought an order that the landlord complete repairs to rectify the gas leak at the property and also sought an order that the rent was excessive having regard to the withdrawal of essential services to the property and a reduction of the facilities. She sought a further order for compensation for excess gas charges and an order for compensation in respect of physical inconvenience as a result of being required to take showers at a friend's property. 4. The matter was initially listed before the Tribunal on 6 March 2015 when it was adjourned to enable further discussions to take place. 5. When the matter was again listed before the Tribunal on 23 March 2015 consent orders were made for the payment of an agreed sum representing a rent reduction of $65.00 per week from 2 January 2015 to 17 March 2015 and the payment of a minimum sum of at least $700.00 towards the applicant's moving costs along with a notation that assistance would be provided for packing and that costs would be paid by the respondent when invoiced directly from an accredited removalist. 6. The issue of further compensation in relation to a claim for physical inconvenience stood over to a date to be determined for a formal hearing after evidence had been exchanged by both parties.