NSW LAND AND HOUSING CORPORATION v WOODWARD [2015] NSWCATAP 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW LAND AND HOUSING CORPORATION v WOODWARD [2015] NSWCATAP 164 Hearing dates: 12 May 2015 Date of orders: 12 August 2015 Decision date: 12 August 2015 Jurisdiction: Appeal Panel Before: P.R. Callaghan SC and A. Britton, Principal Members Decision: Allow the appeal to the extent specified below. Note that the items specified in Order 1 of the appealed decision have been completed and that Order 1 has by its own terms ceased to operate. Set aside Order 2 in the appealed decision and in its place: Declare that contrary to s52(1) of the Residential Tenancies Act 2010 the Appellant as landlord failed to provide to the Respondent as tenant the subject premises fit for habitation by the Respondent in that on 26 March 2014 in the bathroom of the subject premises the following items required attention: Remove shower curtain rail; Install fixed panel and door as shower screen; Turn vanity 90 degrees to right; Move mirror cabinet; Replace bathroom door with a sliding cavity door; Move bathroom door and replace linen cupboard door with bathroom door. Order that the Appellant perform as soon as is practicable the work listed in the preceding paragraph; Order that by way of compensation to the Respondent the rent payable by the Respondent to the Appellant under the Residential Tenancy Agreement in respect of the subject premises be reduced by $20.00 per week from 25 April 2014 until the Appellant has completed the above work; and Grant liberty to apply in respect of the orders in paragraphs (a), (b) and (c). Catchwords: Appeal – residential tenancy – question of law – reduction of services – fitness for habitation by the tenant – abatement of rent – order for performance of work – compensation – liberty to apply – model litigant Legislation Cited: Civil and Administration Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancy Regulation 2010 (NSW) Cases Cited: Bannister v Cheung [2014] NSWCATCD 105 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Finn v Finato [2004] NSWCTTT 179 Hampel v SA Housing Trust [2007] SADC 64 Kline v NSW Land and Housing Corporation [2014] NSWCTAP 41 Proudfoot v Hart (1890) 25 QBD 42 Texts Cited: Anforth, Christensen & Bentwood, Residential Tenancies, Law & Practice NSW 6th edn Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Appellant: NSW Land and Housing Corporation