Capponi v Bridge Housing Limited

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Capponi v Bridge Housing Limited [2021] NSWCATCD 17

Hearing dates:

9 March 2021

Date of orders:

4 May 2021

Decision date:

30 April 2021

Jurisdiction:

Consumer and Commercial Division

Before:

J Alder, General Member

Decision:

1.The respondent is to pay the applicant the sum of $6,635.73 within 28 days.

Catchwords:

LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Compensation — rent reduction — withdrawal of services — failure to repair — quiet enjoyment — non-economic loss — mould

Legislation Cited:

Residential Tenancies Act 2010 (NSW)

Civil Liability Act 2002 (NSW)

Category:

Principal judgment

Parties:

Cristina Capponi (Applicant)
Bridge Housing Limited (Respondent)

File Number(s):

SH 20/45319

Publication restriction:

Nil

REASONS FOR DECISION

Background

1. In February 2017 Cristina Capponi (tenant) entered into a residential tenancy agreement (RTA) in relation to a two bedroom unit at Henrietta Street, Waverley (Premises). The weekly rent is $218.66. The Premises are approximately 100 years old. The tenant has been a social housing tenant of the respondent since 2012, having lived in four different residences around Sydney.

2. On 28 October 2020, the tenant filed an application for orders under the Residential Tenancies Act 2010 (NSW) (Act) arising from alleged breaches by the respondent (Bridge) of its obligations under the RTA and the Act relating to mould issues. A copy of the RTA was not in evidence. It was submitted that Bridge manages the Premises on behalf of the owner, NSW Land and Housing Corporation (NSWLH).

3. In her application (subsequently amended), the tenant sought orders for:

1. compensation under s 187(1)(d) of the Act for breach causing:

1. economic loss in the sum of $9,303.46, being the depreciated value of damaged goods (alternatively $16,818.84, being the replacement value of those damaged goods); and

2. non-economic loss in the sum of $2,000 for loss of enjoyment, distress, anxiety, inconvenience and disappointment; and

2. a 30% rent reduction under s 44(1)(b) of the Act in the sum of $3,422 for the withdrawal or reduction of services and facilities for the period 28 October 2019 to 28 October 2020.

Total: $14,725.46 (alternatively $22,240.84); and

3. work to be undertaken to prevent mould and excessive moisture in the front bedroom, living area and kitchen of the Premises, pursuant to s 65 of the Act.

4. The applicant alleges a breach of:

1. s 63 of the Act for a failure by Bridge to maintain the Premises in a reasonable state of repair due to the severe mould; and

2. s 50 of the Act for a breach of her right to quiet enjoyment of the Premises.

5. The tenant’s main complaint is that since moving in she has experienced excessive damp and moisture and severe and overwhelming mould in the front bedroom, living area and kitchen and has made numerous requests for repairs to Bridge, who has failed to act.

Hearing

6. On 9 March 2021, the matter came before me for final hearing. The parties appeared by telephone in light of the current Covid restrictions. Sworn oral evidence and…