Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11:

1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) ("NCAT Act") against orders made by consent in the Consumer and Commercial Division of the Tribunal on 9 December 2024.

2. The application relates to a dispute under the Residential Tenancies Act 2010 (NSW) ("RTA").

3. The application to the Tribunal was brought by Mr and Ms Sultana whom we will refer to as the landlords against Mr Pineiro and Ms Kennett whom we will refer to as the tenants.

Background

4. The parties entered into a residential tenancy agreement on or around 8 September 2022.

5. On 27 August 2024 the landlords commenced proceedings in the Tribunal seeking the termination of the tenancy pursuant to s 85 of the RTA, and vacant possession.

6. The application was heard on 25 November 2024. One of the tenants, Mr Pineiro, appeared in person, and the landlords were represented by their agent.

7. The Tribunal made the following orders by consent:

1 The Tribunal makes an order under section 85 of the Residential Tenancies Act 2010, terminating a periodic agreement where no grounds are required to be given.

2 The Tribunal orders the Residential Tenancy Agreement is terminated immediately and vacant possession is to be given to the landlord on the date of termination.

3 The Tribunal makes an order under section 114(2) of the Residential Tenancies Act 2010, that the order for possession is suspended until 23 December 2024.

4 The tenant is to pay the landlord a daily occupation fee, at the rate of $90.00, per day from the day after the date of termination, 26 November 2024 until the date vacant possession is given. This is to be paid weekly, $630 per week, first payment due 29 November 2024.

5 The landlord may request the relisting of this application, to determine the occupation fee, owing, within 60 days from the date of possession or, to request an earlier date for possession if the tenants do not comply with order 4.

6 The Tribunal orders the applicants Mark Sultana, Lyndall Sultana, and or their contractor, to carry out the following work by 29 November 2024 in a proper and workmanlike manner.

The details of the work order are;

a. investigate and repair the dishwasher.

b. investigate and repair blockage to kitchen drainage;

c. investigate and repair toilet blockage and water running inside of toilet.

7 The Tribunal orders that the respondents Sergio Pineiro, Melanie Kennett, is to pay the applicants Mark Sultana, Lyndall Sultana, the sum of $6,500.00, on or before 20 December 2024

Details of the Money order:

1. In full and final settlement of all existing claims arising out of the tenancy and including rental and water arrears to 25/11/2024 $6,500.00

NOTE: In reaching this settlement, the parties agree as follows;

A. the respondents will withdraw the following claims/appeals/cases brought against the applicants;

i. 2024/00402788 (NCAT appeal)

ii. 2024/00233308

iii. 2024/00431512 (Supreme Court appeal)

B. The tenant will return the keys to the Agent's Sawtell Office (1/57 First Ave, Sawtell NSW) by 9:00am on 23 December 2024;

C. The landlord will request the written opinion of a licenced plumber as to the cause of water damage to the kitchen flooring and cabinets, and provide a copy of this opinion to the tenants.

D. The parties agree that should any urgent plumbing or electrical issues arise between now and the date of possession, the tenants will notify the agent in writing via email and the landlord will arrange any necessary investigations/repairs.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19743e20834f4809b409adb9)

Disclaimer: Curated by HT Syndication.