Veale and Batten v Liu [2015] NSWCATCD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Veale and Batten v Liu [2015] NSWCATCD 138 Hearing dates: 22 September 2015 Decision date: 20 November 2015 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, General Member Decision: 1. The respondent, Ying Jie Liu is to pay the applicant, Mr Peter Batten, the sum of $921.58 in respect of a rent reduction for the premises by reason of the respondent's failure to keep the property in a reasonable state of repair on within 21 days from the date of this decision.

2. Within 21 days from the date of this decision, the landlord is to conduct repairs at the premises to rectify (i) unreasonable water pooling; (ii) unreasonable water condensation; and (iii) unreasonable dampness of the premises.

3. The remaining claims by the applicant are dismissed. Catchwords: Residential tenancies Duty of landlord to repair Rent reduction Legislation Cited: Residential Tenancies Act 2010 ss 10, 18, 44, 63, 65, 187 Residential Tenancies Regulation 2010 Reg 22 Civil and Administrative Tribunal Act 2013 ss 37 and 60; Sch 4 Cl 8 Cases Cited: Bannister v Cheung [2014] NSWCATCD 105 Fuller v NSW Land and Housing Corporation [2013] NSWCTTT 648 Timms and Simpson v Adams [2012] NSWCTTT 53 Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 Category: Principal judgment Parties: Applicant: Ms L Veale; Mr P Batten Respondent: Mr P Ng, agent; Ms J Yu, agent File Number(s): RT 15/47223 Publication restriction: Nil