Frey v Commissioner for Social Housing (Residential Tenancies)

The matter before the Tribunal involved a dispute between Frey, the applicant, and the Commissioner for Social Housing (Residential Tenancies), the respondent. The applicant sought compensation for alleged failures by the respondent to make necessary repairs and maintain the property in a habitable condition, which allegedly interfered with the applicant’s reasonable peace, comfort, and privacy. The applicant also claimed for a rent reduction.

The central legal issues that the Tribunal was required to decide included whether the respondent was responsible for the alleged failures to make repairs and maintain the property, and if so, what compensation and relief were appropriate. The Tribunal had to consider evidence on the state of the property, the respondent’s obligations under the tenancy agreement, and the impact of these failures on the applicant.

The Tribunal found that the respondent had indeed failed to make several critical repairs and address maintenance issues that affected the habitability of the property. The respondent was held liable for the failure to address a water leak, repair the fence, remove mould, prune an overhanging tree, and for damage to the applicant’s personal property. The Tribunal awarded the applicant compensation for these issues, including general damages for loss of enjoyment, specific damages for each failure, and compensation for loss and damage to personal property. Additionally, the Tribunal ordered a 100% rent reduction until certain conditions were met, such as the removal of mould, replacement of ceilings, replacement of the fence, and resolution of the water leak. This order was to expire by 2 September 2025 or the date of the applicant’s permanent relocation, whichever came first.

The Tribunal’s final orders included the payment of compensation by the respondent, a rent reduction, and specific conditions for the expiry of the rent reduction order. The application was otherwise dismissed.