Kiternas v Watts

Kiternas, the tenant, brought an action against Watts, the landlord, concerning the failure to perform repairs and the right to a rent reduction. The matter was heard in the Magistrates' Court of Victoria. The central dispute was whether the tenants were entitled to a reduction in rent due to the landlord's failure to carry out necessary repairs, and whether they were entitled to compensation for distress and inconvenience. Additionally, the court needed to consider whether the tenants had taken reasonable steps to mitigate their losses.

The court examined the obligations of the landlord under the Residential Tenancies Act 1995 (Vic) and assessed whether the landlord's failure to perform repairs warranted a rent reduction. It also evaluated the tenants' actions to mitigate their losses and the extent to which they were entitled to compensation for distress and inconvenience. The court considered whether the tenants had fulfilled their duty to mitigate their losses and whether they had acted reasonably in the circumstances.

The court found that the landlord was indeed obligated to carry out the necessary repairs and that his failure to do so justified a reduction in rent. The tenants were awarded $4160.00 as compensation for the distress and inconvenience caused by the landlord's failure to perform repairs. The court also found that the tenants had taken reasonable steps to mitigate their losses and were therefore entitled to the full amount of compensation. The decision was made in addition to the order made on 17 June 2005, requiring the landlord to pay the sum of $4160.00 within 28 days.