Bulmash v Webster [2016] NSWCATCD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bulmash v Webster [2016] NSWCATCD 23 Hearing dates: 16 December 2015 Decision date: 03 March 2016 Jurisdiction: Consumer and Commercial Division Before: DAC Robertson, Senior Member Decision: (1) Pursuant to section 44(1)(b) of the Residential Tenancies Act 2010 (NSW), that the rent payable pursuant to the Residential Tenancy Agreement between the applicant and the respondent dated 6 August 2012 is excessive having regard to the reduction in amenity of the premises arising from the deterioration of paintwork by 15 October 2015 and that from 15 October 2015 to 10 January 2016, the rent must not exceed $525.00 per week. (2) Pursuant to section 45(2) of the Residential Tenancies Act 2010 (NSW), that the respondent repay to the applicant the sum of $301.71 being the excess rent paid by the applicant from 15 October 2015 to 10 January 2016. (3) The application is otherwise dismissed. Catchwords: Residential Tenancy – Failure to repair – Tenant claims landlord agreed to reimbursement of costs of repainting – No agreement to reimburse costs – Remoteness of damage - no damages established – Rent reduction by reason of reduction in amenity Legislation Cited: Residential Tenancies Act 2010 (NSW) ss 44, 45, 62, 63, 64, 65, 74, 75 Cases Cited: Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 Aceti v Burhan Pty Ltd t/as Garlicks Heating and Cooling [2015] NSWCATAP 55 Category: Principal judgment Parties: Jacob Bulmash (Applicant) Tim Webster (Respondent) Representation: Applicant: in person Respondent: T Tretiak File Number(s): RT 15/60163 Publication restriction: Nil