Australia, Aug. 21 -- New South Wales Land and Environment Court issued text of the following judgement on July 21:

1. This is an appeal from a decision of the Consumer and Commercial Division of the Tribunal involving residential premises in northern New South Wales.

2. Ms Martin (the landlord) rented the premises to Mr Hancock and Ms Cohen (the tenants) in early 2024. The tenants commenced proceedings in the Tribunal following the landlord's decision to turn off the electricity supply to the premises during the winter of 2024.

3. On 30 January 2025 the Tribunal made a declaration under s 11 of the Residential Tenancies Act 2010 (NSW) (the Act) that the oral agreement between the parties was a residential tenancy agreement to which the Act applies, and ordered the landlord to pay the tenants compensation in the sum of $11,455.50.

4. The landlord now appeals against those orders.

5. The appeal has been brought out of time and therefore the landlord requires an extension of time for the filing of the appeal.

6. For the reasons set out below, we have decided to extend time for the filing of the appeal and to allow the appeal in part.

Background and Tribunal proceedings

7. The dispute involves a two-bedroom cabin which is a secondary dwelling or "granny flat" on a block of land which also houses the landlord's residence (the premises).

8. In early 2024 the parties entered an oral agreement for the rental of the premises. It was agreed that the rent payable would be $500 per week and that a bond of $1000 would be paid in advance. There was no written agreement. The tenants moved into the premises in March 2024.

9. In May 2024 a dispute arose regarding liability for electricity costs, which resulted in the landlord disconnecting the electricity supply to the premises on or about 22 July 2024.

10. The tenants commenced proceedings in the Tribunal on 23 July 2024. The history of the proceedings is set out in some detail later in these reasons. In short, by the time the matter came before the Tribunal for a final hearing in December 2024, the tenants had moved out of the premises and the nature of the relief they sought had changed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19816b1954d15250e94208ad)

Disclaimer: Curated by HT Syndication.