Peter just completed his Master of Architecture degree at

Peter just completed his Master of Architecture degree at RMIT University. He manages to secure a position at ZHA Architects in Brunswick. He wants to rent a flat in East Brunswick so that he can walk to work. Peter is also saving up for a house deposit and decides to ask his friend, Catherine, to move in with him and share the rent of $800 per week for a 2-bedroom flat in East Brunswick.

On 31 March 2018 Peter and Catherine sign a tenancy agreement with the landlord, Willy Nilly, for a 12-month lease of the flat and moved in later that day.

To celebrate their first night in the flat, Peter prepares a three-course meal. He notices that the knob on the dishwasher was not working properly as they could not turn it to the full cycle but only for the short cycle. He also notices that the tap in the kitchen sink could only be turned half way and appears to be loose when turned fully. They continue to use the tap half turned.

Catherine checks the condition report that was provided to them by Willy Nilly and notices that those two items were not noted in the condition report. Later that night, she sends an email to Willy Nilly as follows:

’ Dear Willy

We noticed that the tap in the kitchen sink is not working properly and the dishwasher is not able to do the full cycle. Would you be able to fix it soonest possible in order to avoid any mis-hap! ☺

Many thanks.
Regards
Catherine and Peter at flat 2, 48 Albert Street, East Brunswick Email sent on 31 March 2018’

On Saturday 14 April 2018 while unloading the grocery shopping, Peter’s boss telephones and informs him that he has to make a trip on the Monday to Wuxi, China for work for a month. Peter says to Catherine ‘ looks like I can’t be here to follow up the landlord. You will have to do it. Hopefully when I get back, the tap and dishwasher will be fixed! Take care of the flat in the meantime! ’

While Peter was away, Catherine invites her university friends for a dinner party on a Sunday night. After the dinner, Hannah and Lorraine were clearing the dishes and cutlery and stacks them in the dishwasher. They turn the knob to the full cycle and the dishwasher begins to wash. They didn’t take any notice of dishwasher and proceed to the lounge room and continue with the party. An hour later Catherine goes into the kitchen and discovers that the entire kitchen is flooded. The carpet in Peter’s bedroom which is adjacent to the kitchen is wet.

Catherine and her friends begin to mop up and Hannah then turns the kitchen tap on fully and the tap pops out and releases more water like a jet stream and damages the plaster board on the walls and windows.

Catherine contacts the owner who makes an emergency call to a plumber to attend the flat. Later that week, Willy Nilly renders a bill to Catherine and Peter for the following items totalling $5,500.

Plumber’s call-out (weekend rates) – $500

Plumbing repairs – $1,200

Tap repair – $300

Repairs to plaster walls and kitchen window – $500

Replacement of carpet due to water damage – $2,200

General clean-up of flat – $800

Advise Catherine and Peter in relation to Willy Nilly’s claim.

Be sure to rely on any relevant provisions from the Residential Tenancies Act 1997 (Vic) and any relevant common law rights.