Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11:

1. This is an appeal from a decision of the Tribunal dismissing an application by tenants under the Residential Tenancies Act 2010 (NSW) (RT Act).

2. Mr Mortley and Ms Mortley are co-tenants and are both parties to the appeal as they were applicants in the proceedings below. In this decision, any reference to "the tenant" is a reference to Mr Mortley, who corresponded with the landlord's agents on behalf of both co-tenants; appeared at the Tribunal hearing; and appeared at the appeal hearing.

3. The appellant is a tenant, and the respondent is a landlord.

4. The tenancy commenced at a date that is unclear from the Tribunal evidence, but according to the tenant at the appeal hearing he and Ms Mortley moved into the premises in about 2017. Since that time, there have been periods where there was a fixed term agreement; and other periods where the tenancy became a periodic tenancy.

5. The tenant asserted at the appeal hearing that he had no issues with the original agent. It was after the landlord changed agencies that he asserted there were difficulties. In particular, there were difficulties when the landlord's agent moved to a system where documents (including a proposed fixed term residential tenancy agreement) were sent by way of an attachment to a text message.

6. On 6 September 2024 (by way of an application dated 23 August 2024) the tenant filed proceedings in the Consumer And Commercial Division of the Tribunal.

7. The orders sought were as follows:

"Section 187(1)(h) contract renewal process including new contract.

Section 44(1)(a) each year the increase is proposed at $100".

8. In the section of the Tribunal application "why are you applying to NCAT," the tenant stated that the landlord's agent had "issued new contracts two years in a row." The agent sent an SMS Link with a 7-day time limit to accept. The notice of rent increase "is always soon after the link." There was no "download option" and "after negotiations conclude, and updated contract is not provided despite requests."

9. The application contains various assertions about the "integrity" and "tactics" of the landlord's agent.

10. In December 2021, the parties had entered into a written residential tenancy agreement for a fixed term commencing on 22 January 2022 and ending on 20 January 2023. The rental premises is a freestanding house, with a double garage. The rent payable under the terms of the written residential tenancy agreement commencing 22 January 2022 was $670 per week.

11. On 23 May 2023, the landlord sent a Notice Of Rent Increase under s 41 of the RT Act asserting the rent payable would increase to $770 per week from 29 July 2023. However, in circumstances that are not clear from the documents, the rent was increased from $670 to $750, and the tenant was paying $750 from late July 2023.

12. On 27 June 2024, the landlord's agent sent a fresh Notice of Rent Increase under s 41 of the RT Act stating that rent would increase from $750 per week to $850 per week, commencing 31 August 2024.

13. The Notice of Rent Increase dated 27 June 2024 was emailed to the tenant, with following covering email:

"...

As the managing agent for the property, we need to ensure that we are maintaining the rental return achieved by the landlord.

As such, please be advised that the rent of the above-mentioned property in which you reside will be increased to $850 as per the landlord's request.

In accordance with the Residential Tenancies Act, we hereby issue the required notice for a rent increase, which is effective from 31 August 2024.

Please ensure that you update your rental payments effective from this date.

Please reply or contact our office as soon as possible to advise if you would like to sign a new fixed term (6 or 12 months) lease agreement.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f2ba8d61232974edd7e57)

Disclaimer: Curated by HT Syndication.