Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31:
1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) ("NCAT Act") against orders made in the Consumer and Commercial Division of the Tribunal on 19 and 23 September 2024.
2. The application relates to a dispute under the Residential Tenancies Act 2010 (NSW) ("RTA").
3. There are two applications to the Tribunal relevant to this appeal:
1) The first, 2024/00106759, was brought by Ms Christensen and Mr Ellington (whom we will refer to as the landlords), represented by Zamoford Pty Ltd (whom we will refer to as the agent). It was lodged on 20 March 2024 and sought an order for payment of $1,165.71 from the rental bond to the landlords.
2) The second, 2024/00145491, was brought by Ms Powell (whom we will refer to as the tenant) against the landlords, seeking orders including for the reimbursement of out of pocket expenses for repairs and maintenance; reimbursement of excessive rent; compensation for anxiety and physical stress and injuries suffered due to repairs and maintenance; and legal costs.
4. The tenant appeals against two separate decisions of the Tribunal on 19 September 2024 and 23 September 2024.
5. For the reasons set out below, we have decided to allow the appeal in part.
Background
6. The parties entered into a residential tenancy agreement on 16 December 2022 for a fixed term commencing 16 December 2022 and ending on 15 June 2023. Thereafter the tenancy continued as a periodic agreement.
7. The rent pursuant to the agreement was $680.00 per week.
8. The tenant vacated the premises on 5 March 2024.
9. On 20 March 2024 the landlords lodged their application with the Tribunal.
10. On 18 April 2024 the tenant lodged her application.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19858e1c71fa05166bf78e4a)
Disclaimer: Curated by HT Syndication.
