Certain types of offences – such as repair, maintenance or safety – may result in the removal or reduction of goods, services or facilities provided with the premises (for example.B. a faulty oven means you cannot use it, and a mouldy carpet may mean that you cannot use the space in which it is located). In this case, you can ask for a reduction in your rent. In 2009, the NSW Court of Appeal found that claims for dissimilar disappointment are governed by the CL Act 2002 (Insight Vacations Pty Ltd/Young  NSWCA 137 (Insight Vacations). Prior to The Insight Vacations decision, the court regularly ordered compensation for disappointment and distress, as this compensation is not subject to the CL Act 2002. Since Insight Vacations, the Tribunal has made conflicting decisions on compensation for distress and disappointment: in some cases, it has refused to order compensation for Insight Vacations; in other cases, it has ordered compensation because of the section 3b(1) (a) waiver; in others, it ordered without compensation, apparently without regard to Insight Vacations. Therefore, the court has the power to issue an order for any appropriate form of compensation (a sum of money or otherwise), but it is also specifically intended to take into account compensation for lost rent as well as any other violation. Note that there are delays in applying to the Court of Justice for an infringement: you should file an application within three months of notification of the infringement (Residential Tenancies Regulation 2010 (RT Reg 2010), clause 22 (9)). If you violate a clause in the lease (for example. B damage to the premises or by not paying the rent), there are a number of remedies, that may be available to your landlord: also keep in mind the Civil Liability Act 2002 (CL Act 2002) which sets complex liability limits for personal injury – and excludes most small non-economic damages (i.e., it represents less than 15% of the „most extreme case“ (CL Act 2002, section 16.1).
Why would the court refuse to order compensation? For example: if a landlord has changed the locks of a property without terminating the lease in accordance with the RTA (according to S 216 RTA), the landlord may be asked to grant the tenant access to the rental property according to the rental conditions. Your landlord violates your rental agreement if he (or his representative) does not comply with one of his conditions: for example, the conditions of access, peace, comfort and privacy, as well as repairs and maintenance. More details can be found in the corresponding sections of each of these terms. However, claims related to disappointment and distress are also subject to non-economic loss compensation restrictions under the 2002 CL Act – and as they generally apply to relatively small amounts, Section 16 generally excludes them. However, there is an exception: if liability arises from a deliberate intent to violate, the CL Act of 2002 does not apply (Article 3B (1) (a)). Therefore, if you want to get redress for disappointment and distress, you should be prepared to argue that the offence committed by your landlord was an intentional act that should cause injury. If you are harmed by a violation by your landlord, you are generally entitled to be compensated for the value of your loss. More information on specific benefits and benefit orders can be found in the „Violation by the Lessor“ sections above – the provisions of the RT 2010 Act discussed in it apply to both landlords and tenants.