Bridgford v Brien [2017] NSWCATAP 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bridgford v Brien [2017] NSWCATAP 111 Hearing dates: 4 April 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Goldstein, Senior Member Decision: (1) The order made on 24 February 2017 joining Helen Seamark and Allan Bladen as respondents to the appeal is varied and Helen Seamark and Allan Bladen are joined as co-appellants;

(2) The time for filing the appeal is extended to 13 February 2017;

(3) The appeal is upheld;

(4) The orders made on 21 November 2016 and 29 December 2016 are set aside;

(5) In the place of the orders set aside the orders which follow are made:

(i) Pursuant to s 187(1)(d) of the Residential Tenancies Act the landlords, Greg Brien and Kay Brien shall within 7 days pay to the tenants, Kevin Bridgford, Victoria Bladen, Helen Seamark and Allan Bladen the sum of $3,400.00 being a reduction of rent pursuant to s 44(1)(b) of the RT Act for failure by the landlords to replace the shed/stables from 13 July 2015 to 2 November 2016;

(ii) Pursuant to s 187(1)(d) of the Residential Tenancies Act the landlords, Greg Brien and Kay Brien shall within 7 days pay to the tenants, Kevin Bridgford, Victoria Bladen, Helen Seamark and Allan Bladen the sum of $8,800.00 being a reduction of rent pursuant to s 44(1)(b) of the RT Act for failure by the landlord to repair the sewerage and drainage system from 24 February 2015 to 2 November 2016;

(iii) Pursuant to s 187(1)(d) of the Residential Tenancies Act the landlords, Greg Brien and Kay Brien shall within 7 days pay to the tenants, Kevin Bridgford, Victoria Bladen, Helen Seamark and Allan Bladen the sum of $1,000.00 compensation for breach of clause 23 of the residential tenancy agreement - unauthorised and frequent access by landlord to premises;