Yang v NSW Land and Housing Corporation [2016] NSWCATCD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yang v NSW Land and Housing Corporation [2016] NSWCATCD 37 Hearing dates: 5 February 2016 Decision date: 27 April 2016 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson, General Member Decision: 1 The landlord NSW Land and Housing Corporation, to pay the tenant Tianshu Yang the sum of $5,697.22 pursuant to Section 187(1)(d) of the Residential Tenancies Act 2010 in respect of water damaged goods and possessions immediately. 2 The landlord NSW Land and Housing Corporation to pay the tenant Tianshu Yang the sum of $393.23 for a rent reduction pursuant to Section 44(1)(b) of the Residential Tenancies Act 2010 for the period between 23 June 2015 and 5 February 2016 immediately. 3 The landlord NSW Land and Housing Corporation to cause the following repairs to be conducted on the residential premises pursuant to Section 65 of the Residential Tenancies Act 2010 with due care and skill or before 21 days from the date of this decision: (a) repair a small dripping leak in the second bedroom of the residential premises; and (b) render and paint internal walls and ceiling of the unit that were damaged by a water leak from the roof of the residential premises in late May or June 2015 so that the residential premises is in a reasonable state of repair. 4 The limitation period for applicant's claim for compensation under Section 187(1) (d) of the Residential Tenancies Act 2010 is extended to 26 November 2015, pursuant to Section 41 of the Civil and Administrative Tribunal Act 2013. Catchwords: Landlord's duty to repair premises Compensation to tenant for water damaged goods Assessment of compensation Whether deduction for 'betterment' Legislation Cited: Residential Tenancies Act 2010 ss 44, 61, 65, 187 Residential Tenancies Regulation 2010 Reg 22 Civil and Administrative Tribunal Act 2013 s 41, 45 Cases Cited: Northern Sandblasting Pty Ltd v Harris (1997) 188 CLR 313 Hyder Consulting (Australia Pty Ltd) v Wilh Wilhemsen Agency Pty Ltd [2001] NSWCA 313 Sakauo v Williams [2005] NSWCA 405 Slough and Quinton v Jameison and Log [2013] NSWCTTT 154 Yeates, Singh v Kent Transport Industries [2013] NSWCTTT 101 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Tzaneros Investments Pty Ltd v Walker Group Constructions Pty Ltd [2016] NSWSC 50 Palumbo v Tomlinson [2012] NSWCTTT 109 Aboutaleb v Al-Hayek [2011] NSWCTTT 378 Rolls v NSW Land and Housing Corporation [2010] NSWCTTT 458 Cachia v Kniepp RTT 91/006944 Veale and Batten v Liu [2015] NSWCATCD 138 Hampton Court Ltd v Crooks (1957) 97 CLR 367 Moore v Tidy (1992) unreported SASC 13 August 1992 Liaras v Siataga [2013] NSWCTTT 627 Category: Principal judgment Parties: Tianshu Yang (applicant) NSW Land and Housing Corporation (respondent) Representation: Applicant: Mr T McDonald Inner Sydney Tenant's Advice and Advocacy Service Respondent: Mr K Akkermans File Number(s): SH 15/64094 Publication restriction: Unrestricted