Dwyer v Department of Justice and Attorney General (NSW)

Dwyer, the tenant, brought an action against the Department of Justice and Attorney General (NSW), the landlord, seeking compensation for the unavailability of a serviceable air-conditioner in the lounge room of the premises, as well as a rebate of rent for the period the air-conditioner was unavailable. The matter was heard in the Local Court of New South Wales. The tenant claimed that the air-conditioner had been non-functional since December 2016, resulting in discomfort and inconvenience, and sought compensation for the period of unavailability and a reduction in rent.

The primary legal issue before the court was whether the landlord was liable for the non-functioning air-conditioner and whether the tenant was entitled to compensation and a rebate of rent. The court had to determine whether the landlord had breached the implied warranty of habitability or other obligations under the Residential Tenancies Act 2010 (NSW). The court also had to consider the appropriate remedy for the breach, including the amount of compensation and the duration of the rent abatement.

In reaching its decision, the court found that the landlord was indeed liable for the non-functioning air-conditioner, as it was an essential service for which the landlord was responsible under the Act. The court held that the tenant was entitled to compensation for the period of unavailability and a rebate of rent for the inconvenience caused. The court ordered the landlord to repair or replace the air-conditioner by a specified date and to pay the tenant compensation in the amount of $300.00. Additionally, the court granted the tenant an abatement of rent for a period of up to 20 days.

In summary, the court ordered the landlord to repair or replace the air-conditioner by a specified date, pay the tenant compensation in the amount of $300.00, and grant a rent abatement for a period of up to 20 days. The decision highlights the importance of landlords fulfilling their obligations under the Residential Tenancies Act and the remedies available to tenants when those obligations are breached.