Couso v New South Wales Land and Housing Corporation

The case of Couso v New South Wales Land and Housing Corporation involved a dispute between Helen Couso, a tenant, and the New South Wales Land and Housing Corporation, the landlord, over alleged breaches of the Residential Tenancy Act 2010 (NSW). Couso claimed that the landlord had failed to repair a rangehood in a timely manner and that the light bulb fixture had exposed wires, posing a safety hazard. The matter was heard by the New South Wales Civil and Administrative Tribunal (NCAT).

The primary legal issue before the Tribunal was whether the landlord had breached section 50(3) of the Residential Tenancy Act by failing to carry out necessary repairs in a timely fashion. Couso argued that the landlord's failure to address the issues with the rangehood and the exposed wires constituted a breach of the landlord's obligations under the Act. The landlord, on the other hand, contended that it had acted reasonably in addressing the tenant's requests for repairs.

The Tribunal found that the landlord had indeed breached section 50(3) of the Residential Tenancy Act by failing to carry out the necessary repairs in a timely manner. The Tribunal accepted Couso's evidence that the landlord had been notified of the issues with the rangehood and the exposed wires but had not taken appropriate action to address them. The Tribunal further found that the landlord's failure to repair the rangehood and fix the exposed wires constituted a breach of the landlord's obligations under the Act, and that Couso was entitled to compensation for the breach. The Tribunal ordered the landlord to pay Couso the sum of $3,000 for the breach of section 50(3) of the Act. The Tribunal also ordered the landlord to carry out the necessary repairs to the rangehood and the exposed wires in a proper and workmanlike manner.

In conclusion, the Tribunal found in favour of Couso and ordered the landlord to pay her compensation for the breach of the Residential Tenancy Act. The Tribunal also ordered the landlord to carry out the necessary repairs to the rangehood and the exposed wires. The balance of the application was dismissed. The Tribunal's decision provides important guidance for landlords and tenants in New South Wales regarding their respective obligations under the Residential Tenancy Act.