Ericson v Elder & Anor (Residential Tenancies)

The matter before the tribunal involved Ericson, the applicant, and Elder, one of the respondents, in a dispute over rental payments and maintenance issues. The case revolved around the applicant's claim that the respondents were withholding certain amounts of rent due to the failure to provide a building key, repair the bedroom window seal, and the loss of use of the balcony. The tribunal was tasked with determining the validity of the applicant's claims and whether the respondents were justified in withholding the rent.

The primary legal issues before the tribunal were whether the respondents were entitled to withhold the rent for the reasons stated, and if not, what compensation the applicant was entitled to receive. The tribunal considered the obligations of both landlords and tenants under the Residential Tenancies Act, including the landlord's duty to provide access to facilities and to carry out reasonable repairs. The applicant argued that the failure to provide a building key and repair the bedroom window seal constituted breaches of the landlord's obligations, justifying a reduction in rent.

The tribunal found that the respondents were not entitled to withhold the rent for the reasons stated. The tribunal held that the failure to provide a building key, which allowed access to essential facilities such as the bin and pool areas, justified a reduction in rent of $1500. Additionally, the tribunal determined that the respondents' failure to repair the bedroom window seal constituted a breach of their obligations, warranting a further reduction in rent of $200. Finally, the tribunal found that the loss of use of the balcony due to the unrepaired window seal resulted in an additional reduction in rent of $500. The tribunal also ordered the respondents to repair the bedroom window seal within 28 days.

The tribunal ordered the respondents to pay the applicant the sum of $2200, comprising of $1500 in reduced rent for not having a building key, $200 in compensation for the failure to repair the bedroom window seal, and $500 for the loss of use of the balcony. Furthermore, the tribunal mandated the respondents to make reasonable efforts to repair the seal at the bottom of the bedroom window using the same or similar material as used at the top of the window within 28 days.