The original tribunal made an award of $2,500 in compensation to the tenant (paragraphs [29] [32]). Counsel for the tenant argued that this should be – increased to $5,000, on the basis of a range of comparative cases, or even as much as $20,000. In (2010) NSWCTTT 166 a Libner and Armour v McBride rent reduction of $70 per week was made for extensive mould infestation which reduced the use and was not resolved for the whole tenancy. It was tenant’s argued this would equate to $14,000 in this case. In Vitkind v NSW Land and (2010) NSWCTTT 107 an amount of $2,500 was Housing Corporation awarded for six years of mould problems. The Tribunal is of the view that decision of the original tribunal was within this range, reasonable in the circumstances and does not reveal any error. work account Tenant’s Mr Mutis provided an invoice dated 24 April 2014 for materials and work done on the premises. This walls, skirting and repairing walls includes “patching, where old heaters had been and moved”, “repairing fences”, “veranda” place at a total cost of $3,564. Mr Mutis went “landscaping / outdoor fire built” on to state that have had two sections of my fence knocked down twice, “I letting my dog out both was also pulling out a tree times”; “when machinery from next door it uprooted into my was forced to yard destroying fence”; “I dismantle my garden shed and used the panels to create a new years fence”; “for I have been asking for repairs to be done and stated that this residence has never been supplied with heating forcing me to buy a gas heater to you install”; “thank for your efforts to contact Harry [Koesmarno] and obtaining approval for repair and reimbursement as I have put a lot of effort into making this house liveable” (exhibit R1). There was some dispute about the removal of the old heaters which led to the need to repair of the walls. It appears that these were removed by the previous tenants. The house was rented without heating and Mr Mutis installed gas heaters himself to address this. As noted above, there were discussions in relation to the tenant undertaking some repairs from early in the lease. In an email from the agent to the tenant
The original tribunal made an award of $2,500 in compensation to the tenant (paragraphs [29] – [32]). Counsel for the tenant argued that this should be increased to $5,000, on the basis of a range of comparative cases, or even as much as $20,000. In Libner and Armour v McBride (2010) NSWCTTT 166 a rent reduction of $70 per week was made for extensive mould infestation which reduced the tenant’s use and was not resolved for the whole tenancy. It was argued this would equate to $14,000 in this case. In Vitkind v NSW Land and Housing Corporation (2010) NSWCTTT 107 an amount of $2,500 was awarded for six years of mould problems. The Tribunal is of the view that decision of the original tribunal was within this range, reasonable in the circumstances and does not reveal any error. Tenant’s work account Mr Mutis provided an invoice dated 24 April 2014 for materials and work done on the premises. This includes “patching, walls, skirting and repairing walls where old heaters had been moved”, “repairing fences”, “veranda” and “landscaping / outdoor fire place built” at a total cost of $3,564. Mr Mutis went on to state that “I have had two sections of my fence knocked down twice, letting my dog out both times”; “when machinery was also pulling out a tree from next door it uprooted into my yard destroying fence”; “I was forced to dismantle my garden shed and used the panels to create a new fence”; “for years I have been asking for repairs to be done and stated that this residence has never been supplied with heating forcing me to buy a gas heater to install”; “thank you for your efforts to contact Harry [Koesmarno] and obtaining approval for repair and reimbursement as I have put a lot of effort into making this house liveable” (exhibit R1). There was some dispute about the removal of the old heaters which led to the need to repair of the walls. It appears that these were removed by the previous tenants. The house was rented without heating and Mr Mutis installed gas heaters himself to address this. As noted above, there were discussions in relation to the tenant undertaking some repairs from early in the lease. In an email from the agent to the tenant