Bickerton v McSelan Holdings Pty Ltd [2019] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bickerton v McSelan Holdings Pty Ltd [2019] NSWCATCD 9 Hearing dates: 31 October 2018 Date of orders: 30 January 2019 Decision date: 30 January 2019 Jurisdiction: Consumer and Commercial Division Before: A Nightingale, General Member Decision: 1 The rent payable under the residential tenancy agreement is excessive and is not to exceed $278 per week from 18 January 2018 to 15 June 2018.

2 The rent payable under the residential tenancy agreement is excessive and is not to exceed $253 per week from 16 June 2018 to 28 August 2018.

3 The rent payable under the residential tenancy agreement is excessive and is not to exceed $278 per week from 29 August 2018 to 17 January 2019.

4 The landlord, McSelan Holdings Pty Ltd is to pay the tenant, Kiley Bickerton and Dustin Lilburne the sum of $1,553.50 within 21 days of the date of publication of these reasons constituted by: (1) $462.00 in rent paid in excess of that required to be paid under the residential tenancy agreement by operation of order 1. (2) $493.50 in rent paid in excess of that required to be paid under the residential tenancy agreement by operation of order 2. (3) $198 in rent paid in excess of that required to be paid under the residential tenancy agreement up to the date of the hearing by operation of order 3. (4) $400 compensation for damage and loss suffered by the tenants due to the landlord's breach of the residential tenancy agreement.

5 The landlord, McSelan Holdings Pty Ltd is to have the water tank professionally cleaned within 21 days of the date of publication of these reasons for decision. Catchwords: RESIDENTIAL TENANCIES –– tenants' application for order for repairs - tenants' claim that rent is excessive as a result of withdrawal or reduction of goods, services and facilities provided with the residential premises – tenants claim for compensation arising from the landlords' failure to maintain the premises in a reasonable state of repair. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Jones v Bartlett (2000) 205 CLR 165 Northern Sandblasting Pty Limited v Harris (1997) 188 CLR 31. Sakaua v Williams [2005] NSWCA 405 Texts Cited: Anford, Christensen, Adkins Residential Tenancies Law and Practice (2017) 7th edition Category: Principal judgment Parties: Kiley Bickerton and Dustin Lilburne (Applicants) McSelan Holdings Pty Limited (Respondent) Representation: Ms Ryan Verto (Tenants Advocacy Service) (Applicant)