Greco v NSW Land & Housing Corporation

In the matter of Greco v NSW Land & Housing Corporation, the tenant, Greco, brought proceedings against the NSW Land & Housing Corporation, seeking compensation for non-economic loss resulting from a home invasion while occupying a property leased under the Social Housing Act 2010 (NSW). The dispute reached the NSW Civil and Administrative Tribunal (NCAT), which was tasked with determining whether the Corporation was liable for the invasion and, if so, what compensation should be awarded.

The primary legal issues before the Tribunal were whether the Corporation was liable for the breach of the tenant's right to quiet enjoyment and, if found liable, the appropriate quantum of damages. The Tribunal considered whether the Corporation had fulfilled its obligations under the Residential Tenancies Act 2010 (NSW) and the Social Housing Act 2010 (NSW), including whether it had acted promptly to address the tenant's complaints and ensure the security of the premises. The Tribunal also assessed the impact of the home invasion on the tenant's quality of life and whether this warranted compensation.

The Tribunal found that the Corporation was indeed liable for the breach of the tenant's right to quiet enjoyment. The Tribunal noted that the Corporation had failed to address the tenant's concerns about security despite multiple complaints, which directly contributed to the home invasion. Consequently, the Tribunal awarded the tenant $500 as compensation for the breach. Additionally, the Tribunal ordered that the rent be capped at $170.00 per week from 16 December 2020 to 1 May 2021, and that any excess rent paid by the tenant be refunded promptly. The Tribunal's decision underscores the importance of landlords taking adequate measures to ensure the safety and security of their properties.