Schrell v NSW Land and Housing Corporation [2019] NSWCATAP 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Schrell v NSW Land and Housing Corporation [2019] NSWCATAP 256 Hearing dates: 23 September 2019 Date of orders: 14 October 2019 Decision date: 14 October 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President A Boxall, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed. Catchwords: LANDLORD AND TENANT – claim for compensation and rent reduction – no error is shown in award. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Residential Tenancies Act, 2010 (NSW) Cases Cited: Coulton v Holcombe (1986) 162 CLR 1 at [9]; [1986] HCA 33 Hadley v Baxendale (1854) 9 Ex 341, 156 ER 145 Category: Principal judgment Parties: Appellant: Antje Schrell Respondent: NSW Land and Housing Corporation Representation: Counsel N Simpson (Respondent)

Solicitors: Appellant (Self-represented) File Number(s): AP 19/29625 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 6 June 2019 Before: S Corley, General Member File Number(s): SH 19/15643

reasons for decision

Introduction 1. The appellant (tenant) is a tenant in a property at Forestville (premises) under a residential tenancy agreement with the respondent (landlord). 2. There have been various disputes between the parties concerning the need to carry out repairs and other work to the premises. Work orders have been made, the tenant has been required to relocate into temporary accommodation and various claims for compensation have been made. 3. The present appeal relates to application SH 19/15643. That application was determined by the Tribunal on 6 June 2019. 4. The decision of the Tribunal was to award the tenant a total of $4606.92. This amount consisted of $4206.92 for accommodation costs up till 10 June 2019 and "compensation loss of amenity" of $400.00. The Tribunal also made a work order, a matter not presently relevant to this dispute. The Tribunal also made an order that the rent for the residential premises not exceed $74.20 per week from 29 March 2019 until 20 June 2019 or such date when the work required by the work order was completed. 5. Lastly, the Tribunal made an order that the landlord pay the tenant's ongoing temporary accommodation at a rate of $148.00 per day from 10 June 2019. 6. The Tribunal provided written reasons for its decision (Reasons). 7. The Tribunal found that the initial alternative accommodation provided by the landlord for the tenant, during a period when earlier works were carried out, was unsatisfactory. In this regard the alternative accommodation did not provide facilities to enable the preparation of food, washing of clothes and linen or the "normal amenity of living in a reasonable situation": Reasons at [55]. Consequently, the Tribunal determined that a rent reduction order should be made. 8. It was because of the failure of the landlord to provide suitable alternative accommodation while repairs were carried out that the Tribunal ordered the landlord to pay the tenant the sum of $148 per night for accommodation which she had found which provided to her the necessary amenities to prepare food, wash clothes and the like: Reasons at [57]. 9. The Tribunal dealt with claims for compensation which the tenant made. These claims included the cost of "buying warmer clothing as her clothes are packed away in storage" and other claims to which we will refer to below. Here the Tribunal awarded a total of $400.00: Reasons at [58]-[59]. 10. Finally, the Tribunal dismissed the tenant's claim for costs in respect of the proceedings at first instance: Reasons at [60].