Thomson v Rosedale Investments Pty Ltd; Rosedale Investments Pty Ltd v Thomspon (Residential Tenancies)

The dispute between the applicant, Thomspon, and the respondent, Rosedale Investments Pty Ltd, was brought before the Civil and Administrative Tribunal of New South Wales. The matter involved allegations of disrepair and failure to maintain the residential premises, which Thomspon had rented from Rosedale. Thomspon sought relief including compensation for the disrepair, a reduction in rent, and the removal of certain individuals from the proceedings.

The Tribunal was required to determine whether the lessor, Rosedale, had failed to comply with its obligations under the Residential Tenancies Act 2010. Specifically, the court had to assess whether Rosedale had neglected to repair a significant defect in the main bathroom and whether it had failed to maintain the carpet as per the agreement. Additionally, the court needed to decide on the admissibility of evidence that had not been served on the other party and whether there had been a breach of procedural directions.

In its ruling, the Tribunal found that Rosedale had indeed failed to maintain the premises by not replacing the carpet and had neglected to repair the main bathroom. The Tribunal also noted that Thomspon had complied with procedural requirements, whereas Rosedale had not. Consequently, the Tribunal rejected evidence that was lodged but not served on Thomspon. Despite the procedural misstep by Thomspon, the Tribunal held that Rosedale’s failure to comply with directions did not warrant the dismissal of the application. The Tribunal ordered that Bryan Anthony Caroll and Nicholas Joseph Andric be removed from the proceedings and that Rosedale must compensate Thomspon for the disrepair and failure to maintain the property.

The Tribunal ordered Rosedale to pay Thomspon $2,671.45, comprising $300 for the failure to maintain the carpet and $2,371.45 as a rent reduction for the failure to repair the main bathroom. The sum was calculated based on a reduction of $40 per week for 59 weeks and 2 days.