Toki v Beirs [2017] NSWCATCD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Toki v Beirs [2017] NSWCATCD 24 Hearing dates: 17 February 2017 Decision date: 05 April 2017 Jurisdiction: Consumer and Commercial Division Before: K. Ross, Senior Member Decision: 1. By consent, the Rental Bond Services is directed to pay the tenant Nikola Lee Toki the whole of the Rental Bond number E915254-2 2. The balance of the application is dismissed Catchwords: Compensation, repairs, rent reduction, extension of time Legislation Cited: Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Nikola Lee Toki (tenant) Peter Rolf Beirs (landlord) Representation: Mr McDonagh for the tenant Mr Morgan (managing agent) for the landlord File Number(s): RT 16/48289 Publication restriction: Unrestricted

reasons for decision

Application 1. The tenant seeks compensation from the landlord at the end of the tenancy as follows: 1 King size bed and base $1559.00, 1 Queen size bed and base and pillow and protector $934.00, 1 Zanni 80 x 140 rug $99.00, 1 Zanni 200 x 295 rug $459.00, emergency repairs $913.00, clothes $400.00, soft toys $100.00, 2/3 rental deduction from 04/08/2016 to 23/09/2016 $1833.15, refund of water accounts $58.59 and $211.41. 2. The landlord opposes the orders sought and says that the premises were habitable throughout the tenancy. The landlord's agent submits that there is no evidence that any goods were damaged. The application for a rent reduction was made after the tenancy ended and is out of time. In addition, the landlord offered to make repairs requested by the tenant, but she failed to provide access for those repairs to be carried out and in doing so failed to mitigate her loss. 3. The tenant also seeks an order for payment of the bond to her. This order was not opposed by the landlord and is made by consent.