Irena Peters – v.- Commissioner for Housing for the ACT ACTRTT6 [2006]
CATCHWORDS
Rent reduction
Rebated rent
Compensation
Landlords failure to repair
ISSUES
Whether the Tribunal has power to award compensation for distress and inconvenience for a landlords failure to repair.
Whether the rebated rent or the market rent forms the contractual rent
LEGISLATION
Residential Tenancies Act 1997 (ACT)
sections: 6A, 71. 104(1)(d)
prescribed terms: 54, 55, 56, 57
CASES CITED
The Progressive Mailing House P/L v Tabali P/L (1985) 157 CLR 17;
The Estate of Tanya Humphries v The Commissioner for Housing in the ACT [2003] ACTSC 40;
“Residential Tenancies Law and Practice in NSW” Anforth, Thawley and Christensen at [1.8][2.25.1][2.25.2][2.25.3];
Ahluwalia v Robinson [2003] NSWCA 175;
Gray v Queensland Housing Commission 1004 QSC 226;
McKinnon v Kirdy [2003] QSC 302;
Cheshire and Fifoot “Law of Contracts in Australia” 7th ed at [1.29][4.12][6.9][9.2];
Brooker industries P/L v Wilson Parking (Qld) 1982;
Re Residential Tenancy Tribunal of NSW and Henderson: Ex parte Defence Housing Authority 1997 146 ALR 495;
Newmacq Community Housing Co Ltd v Hofferts [2004] NSWCTTT 74;
Robinson v Harman 1848 1 EX 850 at 855,
Commonwealth v Amann Aviation P/L Ltd 1991 174 CLR 64;
O'Brien v Dunsdon 1965 39 ALJR 78;
Sellars v Adelaide Petroleum N/L 1994 179 CLR 332
Case Reference Number: RT 1600 of 2005
Re: 4/97 Batchelor Street, Torrens ACT 2607
Decision
The respondent pay the applicant $1440.00 forthwith.
Member: A. Anforth
Date: 18 January, 2006
STATEMENT OF REASONS
The tenant holds a tenancy from the Commissioner for Housing in respect of flat 4 Bungaree Court, 97 Batchelor Street, Torrens in the ACT. The tenancy commenced on 12 February 2002 at a fortnightly rent of $260.00.
On 19 September 2005 the tenant, through her solicitors at the Welfare Rights and Legal Centre, lodged an application with the Tribunal seeking various repairs of her flat and monetary compensation. The Statement of Particulars annexed to the Application read:
1.Please Identify the Issues In Dispute, for example, payment of rental arrears or that the lessor/grantor fix a broken heater.
The Applicant has a residential tenancy agreement with the Respondent relating to a property at 4/97 Batchelor Street, Torrens ACT 2607, which commenced on 12 February 2002 (Attachment A). The Applicant has sought repairs to the property as specified in paragraph 3 below. The repairs sought by the Applicant have not been carried out by the Respondent in contravention of clause 57 of the prescribed terms of the tenancy agreement.
2.Please state the nature of relief you seek (what sort of order you want the Tribunal to make), for example, an order that the tenant/occupant pay rental arrears or the lessor/grantor fix the broken heater.
a. The Applicant is seeking the following repairs and maintenance to the property:
i.Repaint all damaged walls and ceilings and replace existing damaged carpet with equivalent carpet throughout flat (water damage resulting from leaking roof repaired 19 April 2004);
ii. Fix…
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- AGLC
- Irena Peters – v.- Commissioner for Housing for the ACT [2006] ACTRTT 6
- Case
- [2006] ACTRTT 6
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the reduction in rent was a reasonable and justifiable response to the landlord's failure to repair the leaking roof, or if it amounted to a breach of the lease agreement. The court also needed to consider whether ACT Housing was entitled to compensation for the lost income due to the reduction in rent. The court examined the lease agreement, relevant legislation, and case law to determine the rights and obligations of both parties.
The court found that the Peters family's reduction in rent was a reasonable and justifiable response to the landlord's failure to repair the leaking roof. The court held that the landlord's failure to maintain the property constituted a breach of the lease agreement, which entitled the tenants to reduce their rent. The court also found that ACT Housing was not entitled to compensation for the lost income, as the reduction in rent was a direct result of the landlord's failure to maintain the property. The court emphasised the importance of landlords fulfilling their obligations under the lease agreement and maintaining the property in a habitable condition.
The court ordered that ACT Housing was not entitled to compensation for the reduction in rent and that the Peters family's reduction in rent was justified. The court also ordered that ACT Housing was responsible for repairing the leaking roof and maintaining the property in a habitable condition. The court's decision highlights the importance of landlords fulfilling their obligations under the lease agreement and maintaining the property in a habitable condition.
Orders
Orders of the court
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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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