ACT CIVIL & ADMINISTRATIVE TRIBUNAL
BILLS v TRUSTEES FOR PAUL SEVIER PRACTICE SUPER [2016] ACAT 67
RT 260/2016
Catchwords: RESIDENTIAL TENANCIES – rent reduction – insufficient heating – excessive noise from retail premises below apartment
Legislation cited: Residential Tenancies Act 1997 ss 38, 46, 71, 83, standard term 52
Cases cited: Dangar & Anor v Mansour and Anor [2016] ACAT 61
Hawkesbury Nominees Pty Ltd v Battik Pty Ltd [2000] FCA 185
Martins Camera Corner v Hotel Mayfair Ltd [1976] 2 NSWLR 15
Segretti v Mens and Boys Fashions Pty Ltd [2015] NSWCATCD 70
Watson v Gaudion [2009] ACAT 15
Texts/Papers
Cited:Anforth, Christensen and Taylor, Residential Tenancies Law and Practice NSW, 5th ed
Tribunal: Senior Member H Robinson
Date of Orders: 28 June 2016
Date of Reasons for Decision: 28 June 2016
AUSTRALIAN CAPITAL TERRITORY )
CIVIL & ADMINISTRATIVE TRIBUNAL ) RT 260/2016
BETWEEN:
JASON BILLS
Applicant
AND:
TRUSTEES FOR PAUL SEVIER
PRACTICE SUPER
Respondent
TRIBUNAL: Senior Member H Robinson
DATE:28 June 2016
ORDER
The Tribunal orders that:
1.The application is dismissed.
………………………………..
Senior Member H Robinson
REASONS FOR DECISION
Background
On 4 July 2015 the applicant, Mr Jason Bills (Tenant), commenced a residential tenancy agreement (tenancy agreement) to rent a one bedroom, first floor apartment located in a development on Eastlake Parade in the Kingston Foreshore area (apartment).
The tenancy agreement was for a fixed term for the period of six months from 4 July 2015 to 4 January 2016. The rent was $495 a week, to be paid fortnightly in advance.
By way of an application filed 21 March 2016, the Tenant seeks compensation and damages arising from the tenancy as follows:
(a)A rent reduction for failure of heating within the apartment for the period July, August and September (12 weeks) of 65% of the total rent paid for that period, totalling $3,861.00.
(b)A rent reduction for breach of the Tenant’s quiet enjoyment of the property by reason of noise for the period 4 July 2015 to 4 January 2016 (26 weeks, 2 days) of 30% of the total rent paid during that period, totalling $3,903.00.
A third claim arising from the applicant’s inability to use the carpark was settled prior to hearing.
The hearing
The hearing took place on 31 May 2016. The applicant represented himself. The respondent (Lessor) was represented by Ms Ashleigh McGregor and Ms Natisha Denham from McGrath Estate Agents (Agent). Both parties relied on written submissions and documents. The Tenant gave oral evidence and was cross examined.
The first issue - alleged failure of the heating system
The Tenant claims that through the entirety of the tenancy, which included the winter months of June, July and August 2015, the apartment was without adequate heating. The Tenant’s evidence to the Tribunal was that, throughout this period, the apartment was so cold he had to, for example, watch television while huddled on the couch wearing woollens and wrapped in blankets.
The Tenant…
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- Case
- [2016] ACAT 67
- Decision Date
CaseChat Overview and Summary
The legal issues before the Tribunal centred on whether the conditions of the property, specifically the inadequate heating and the noise from the retail premises, constituted a significant reduction in the quality of the residential premises, thereby justifying a reduction in the rent. Additionally, the Tribunal had to consider the extent to which the landlord was responsible for the conditions affecting Mr. Bills' apartment.
The Tribunal found that while the heating issue was problematic, it did not amount to a significant reduction in the quality of the residential premises. The Tribunal noted that the landlord had taken steps to address the heating issue and that the problem was intermittent. Regarding the noise from the retail premises, the Tribunal determined that it was not excessive and did not significantly impact the residential use of the premises. The Tribunal concluded that the conditions did not warrant a reduction in rent, and thus dismissed Mr. Bills' application. The Tribunal further found that the landlord had fulfilled their obligations under the Residential Tenancies Act 2008 (Qld) to provide a habitable living space. The Tribunal's decision was based on the evidence presented and the applicable legal standards regarding residential tenancy conditions and rent adjustments.
Orders
Orders of the court
The Tribunal orders that:
1. The application is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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