1. The application was made within 60 days of receiving the report of the Director under section 74.

1. The landlord is in breach of the duty to maintain the premises in good repair.

1. The landlord shall carry out the following repairs in a proper and tradesman-like manner employing a qualified tradesman:

1.reinstate or install airconditioning to the downstairs study of the rented premises.

2.investigate and repair the leak in the garage roof.

All repairs are to be completed by 30 October 2014.

1. The tenant shall make the rented premises reasonably available to the landlord and the landlord's agents for the purpose of complying with this order.

1. The application is adjourned to a date no later than 30 November 2014 to be heard by any Member of the Victorian Civil and Administrative Tribunal. The application may be renewed by either party giving the principal registrar notice in writing but if the application is not renewed on or before this date it shall be considered withdrawn.

1. If the application is renewed by the tenant alleging a breach of the repair order, the application is amended to include claims for -

compensation for failure to carry out repairs, (in which case the tenant shall provide full details of the claim for compensation to the principal registrar and to the landlord at the time the tenant writes to the principal registrar to renew the application).

compensation at a daily rate to be fixed for each day that any item of repair remains not completed (which compensation the tenant may deduct from rent payable).

1. The application for compensation for breach of duty to maintain the airconditioning to the lower level of the house the Tribunal finds that he landlord has breached the duty to maintain and orders the landlord to pay the tenant compensation fixed at $1800.00 which may be deducted from rent payable for the period commencing on the date of this order.

1. The tenant made application under section 75 for non-urgent repairs, and compensation under section 209 of the Residential Tenancies Act 1997.
2. The repairs were detailed on the Notice to Landlord dated 31 October 2013.
3. Two items remain the subject of this application, all others having been rectified.

1. Section 75 of the Act provides the procedure for an application to the Tribunal to require a landlord to carry out specified repairs.
2. The duty repair is found in section 68 of the Act which provides

A landlord must ensure that the rented premises are maintained in good repair."

1. This is a duty provision.
2. Compensation may be ordered by the Tribunal under section 209 where there is an alleged breach of duty in a continuing tenancy.
3. An order for payment by one party to the other party of compensation can be made if there has been loss or damage suffered by the applicant because the other party failed to comply with the tenancy agreement or that party's duties under the Act relating to the tenancy agreement.
4. The matters which may be considered by the tribunal in hearing a compensation application are provided (but not exclusively) in section 211 of the Act. They include:

"(a) whether or not the person from whom compensation is claimed has taken all reasonable steps to comply with the duties under this Act or under the tenancy agreement in respect of which the claim is made; and

(b) in the case of a breach of a tenancy agreement, whether or not the applicant has consented to the failure to comply with the duties in respect of which the claim is made; and

(c) whether or not money has been paid to or recovered by the applicant by way of compensation, including money recovered or entitled to be recovered from the bond; and

(d) whether any reduction or refund of rent or other allowance has been made to the applicant; and

(e) whether or not action has been taken by the applicant to mitigate the loss or damage; and

(g) if a claim is made with respect to damage to property, any action taken by the person from whom compensation is claimed to repair the damage at that person's own expense."

1. The tenant informed the landlords' agent of storm damage to the garage roof on 17 February 2012. (email Peter McDonald (PM) to Maree Gladstone (MG))
2. The tenant was informed on 20 February 2014 that a plumber would be attending the next day, and seeking confirmation that he could have access. (email MG to PM)
3. Tenant queried attendance of the plumber. (email PM to MG)
4. Agent responded that she would make enquiries of the owner as the owner had arranged the trades to attend.(email MG to PM)
5. The plumber attended on 13 March 2012.(email MG to Vivienne Merlino (VM).
6. The works conducted were -

Replaced rusted garage box gutter and brick wall flashing with new colourbond products. Installed new rainhead and upsized downpipe. (Invoice TAPFIX 10 April 2012).

1. Following a routine inspection the landlords arranged for their handyman to attend to fix the garage roof. (Email Brooke Patterson (BP) to PM on 24 April 2013 after inspection on 16 April 2013) (Account from Geoff and alph Robertson maintenance dated 6 May 2102).
2. The tenant informed the landlord that the garage roof leak was unresolved on 14 October 2014.(Email PM to MG)
3. The repair was conducted in that month.
4. A Notice to the Landlord was issued by the tenant on 31 October 2013 which included the leaking garage roof as an item requiring repair.
5. The repairs to the garage roof were quoted on on 25th November 2013 and attended to on 23/01/14. the works conducted were to replace section of roof tiles including siliconed tiles and weather seal the garage roof tile to stip rain splash back.
6. The report from the Director of Consumer Affairs suggested that the landlord investigate, and locate the cause of the leaking roof and rectify.
7. The landlord was not aware that the repairs had not been successful until the first hearing of this matter.
8. On inspection I note that the garage is a two car garage with terracotta tiles. The tiles lie on the bearers, and there is no apparent internal lining or flashing. The garage is used by the tenants as a storage area. The reported leak is in the front section of the garage, about 2 meters from the wall adjoining the house. The tenants have covered their goods with a towel and bucket. As such I believe that the current leak is quite confined.
9. The tenants have not claimed compensation for the failure to repair the garage, but have through this application sought the repair.
10. At the first hearing of this matter I gave some indication to the landlords that the report of a roofing plumber might be of advantage.
11. The landlords sought to rely on the repairs conducted on 23 January 2014 as sufficient and the common understanding that the leak occurs only in particular weather conditions.
12. It was clearly evident on inspection this morning that the garage roof requires further repair because it leaks. The description of the particular weather events which cause it to leak may be of some help to the trades person who attempts to repair the roof, but are no excuse for not having the roof repaired.
13. The landlord is required to repair the roof leak to the garage by 30 October 2014.

1. The tenancy commenced in 23 April 2010.
2. Both parties agree that at the commencement of the tenancy the property had zoned ducted heating and cooling.
3. The landlords' denied that there had ever been heating or cooling in the downstairs bathroom or bedrooms.
4. This was disputed by the tenants , and on inspection of the property I am satisfied that there was a service supplied to that area.
5. The tenants notified the landlord of problems with the heating in the upstairs area in the second year of the tenancy.
6. The landlord engaged a contractor to investigate who reported to them that the system could not be repaired, and on instruction installed a system which provided heating and cooling upstairs. The downstairs area was provided with heating - to the rumpus/study area only. The bedrooms and bathrooms downstairs remain un-serviced with heating or cooling.
7. The landlords contend that the design of the home and the normal use of the home should not require air-conditioning downstairs, or heating to the rooms rarely used by the tenant.
8. The tenants request is that the services which formed part of the rented premises at the commencement of the tenancy be provided under the duty to maintain.
9. The duty of a landlord is to maintain - not enhance or improve. In this case there has been a reduction in services, which can be categorised as a breach of duty to maintain.
10. It is noted that the landlords have taken their responsibility seriously. They purchased the property with a view to making it their own home, and have attended to repairs and maintenance with that in mind. It is possible that this has also constrained their acts. There has been a reluctance to act where the request has been considered excessive to their own requirements. It is noted that had the landlord's financial position been better, they would have been more comfortable with the expenses that have been incurred to maintain the property. It is also possible that they may have been able to move into the property when planned in 2013.
11. The tenants have claimed 10% of the annual rental for the failure to reinstate the airconditioning to the downstairs area, plus a further 10% for the period during which the upstairs heating was not functioning - a total of $9497.77.
12. This claim is excessive. The absence of air-conditioning does not affect the amenity to that degree or for that number of days. I have assessed the compensation at 180 days from 13 October 2011 to date at $10.00 per day being $1800.00.
13. Further, I order that air-conditioning be installed or reinstated to the downstairs study/rumpus room by 30 October 2014.