Mudford v Hunt

Case [2022] NSWCATCD 199

Civil and Administrative Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: Mudford v Hunt [2022] NSWCATCD 199
Hearing dates: 27 October 2022
Decision date: 27 October 2022
Jurisdiction:Consumer and Commercial Division
Before: D Moss, General Member
Decision:

On 27 October 2022 the following orders were made: The landlord, Kellie Hunt, is to pay the tenant, Debbie Karen Louise Mudford, the sum of $2,100.00 on or before 17 November 2022.

Catchwords:

COMPENSATION - whether landlord failed to keep premises in reasonable repair; compensation claim by tenant.

Legislation Cited:

Residential Tenancies Act, 2010

Category:Principal judgment
Parties:

Debbie Karen Louise Mudford, (the tenant), (Applicant)

Kellie Hunt, (the landlord), (Respondent)
Representation:

Debbie Karen Louise Mudford appeared in person.

Kellie Hunter was represented by her managing agent, Ms Dean.
File Number(s): RT 22/28686
Publication restriction: Unrestricted

REASONS FOR DECISION

The application

  1. On 28 June 2022, the tenant made an application for orders under Sections 45, 65(1)(a) and 187(1)(c) of the Residential Tenancies Act 2010 (NSW).

  2. The tenant sought an order reducing the rent payable; an order that the landlord carry out repairs to the residential premises; and an order that the landlord pay the tenant $7,500.00 compensation.

  3. The application was listed in a group list at Newcastle on 25 July 2022. The matter was adjourned for formal hearing and the Tribunal made procedural directions for the filing and exchange of evidentiary documents.

  4. The matter was listed for hearing before Tribunal Member D. Moss at Gosford on 27 October 2022.

  5. The tenant appeared in person.

  6. Ms Dean appeared on behalf of the landlord.

Jurisdiction

  1. The Tribunal has jurisdiction to make orders in accordance with the provisions of the Residential Tenancies Act 2010, NSW, (“the RT Act”).

  2. The Act applies to tenancy agreements in respect of residential premises in New South Wales.

  3. The Tribunal is satisfied that there was a residential tenancy agreement between the parties in respect of residential premises at Weston NSW.

  4. Section 187(1)(d) of the RT Act provides that the Tribunal may, on application by a landlord or a tenant, make an order as to compensation.

  5. Section 187(2)(b) provides that, without limiting the Tribunal’s power to make an order as to compensation, the Tribunal may order compensation to be paid for any breach of a residential tenancy agreement.

  6. However, the Tribunal must not make an order for the payment of an amount that exceeds the prescribed amount, (currently $15,000.00).

  7. The Tribunal has jurisdiction to hear and determine the application.

The evidence for the tenants

  1. Ms Mudford gave affirmed evidence to the Tribunal.

  2. Ms Mudford’s evidentiary documents were admitted into evidence and marked Exhibits “1” and “2”.

The evidence for the landlord

  1. Ms Dean gave affirmed evidence on behalf of the landlord.

  2. The Landlord’s evidentiary documents were admitted into evidence and marked Exhibits “3” and “4”.

The Decision

  1. The parties signed a residential tenancy agreement on 22 July 2021.

  2. The tenancy agreement gave the tenant the right to occupy residential premises at Weston NSW for value, namely the payment of rent in…

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Details
AGLC
Mudford v Hunt [2022] NSWCATCD 199
Case
[2022] NSWCATCD 199
Decision Date

CaseChat Overview and Summary

In the matter of Debbie Karen Louise Mudford against Kellie Hunt, the tenant sought a compensation claim in the Civil and Administrative Tribunal of New South Wales. The tenant alleged that the landlord had failed to maintain the rental premises in a reasonable state of repair, leading to various damages and inconveniences. The landlord contested the claims, arguing that the damages were either pre-existing or caused by the tenant's misuse of the property.

The primary legal issue before the tribunal was whether the landlord had breached her obligation to keep the premises in a reasonable state of repair. The tribunal considered the statutory obligations under the Residential Tenancies Act 2010 (NSW), which require landlords to ensure that the premises are safe, hygienic, and in a reasonable state of repair. The tribunal also evaluated the evidence presented by both parties regarding the condition of the property, the landlord's maintenance practices, and the tenant's actions.

After reviewing the evidence, the tribunal found that the landlord had indeed failed to maintain the premises in a reasonable state of repair. The tribunal accepted the tenant's evidence that there were significant issues with the property, including mould and water damage, which were not adequately addressed by the landlord. The tribunal determined that the landlord's failure to repair these issues constituted a breach of her statutory obligations. Consequently, the tribunal awarded the tenant the sum of $2,100.00 in compensation for the inconvenience and damages suffered due to the landlord's breach.

The final orders of the tribunal were that the landlord, Kellie Hunt, must pay the tenant, Debbie Karen Louise Mudford, the sum of $2,100.00 by 17 November 2022. This decision underscores the importance of landlords fulfilling their duty to maintain rental properties in a reasonable state of repair and the potential consequences for failing to do so.

Orders

Orders of the court

On 27 October 2022 the following orders were made: The landlord, Kellie Hunt, is to pay the tenant, Debbie Karen Louise Mudford, the sum of $2,100.00 on or before 17 November 2022.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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