Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement:

1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 21 January 2025.

2. The application to the Tribunal was brought by the respondent to this appeal whom we will refer to as the tenant against the appellant whom we will refer to as the landlord.

3. For the reasons set out below, we have decided to dismiss the appeal.

Background

4. The parties entered into a residential tenancy agreement on or about August 2017.

5. The tenancy was managed by a real estate agent on behalf of the landlord.

6. The tenant vacated the premises on 2 September 2024.

7. On 13 August 2024 the tenant lodged an application with the Tribunal seeking a rent reduction due to the landlord's failure to repair the air conditioning.

8. The matter was first listed for a Conciliation Group List Hearing. On that occasion the managing agent appeared on the landlord's behalf, as did the tenant. Conciliation was not successful, and the application was adjourned for a final hearing.

9. The matter was heard on 21 January 2025. Neither the landlord nor her agent appeared. The tenant appeared.

10. The Tribunal made the following orders:

The Tribunal orders that the respondent Huancai Liu, is to pay the applicant Malak Gris, the sum of $1,080.00, on or before 04 February 2025.

Details of the Money order:

1. Rent abatement $1,080.00 (20% of rent $450 per week from 1-Dec-2023 to 28- Feb-2024 - 12 weeks)

Landlord did not repair air conditioning that formed part of the residential tenancy agreement.

2 The respondent did not appear and the Tribunal considers it appropriate to deal with the matter in the absence of the respondent.

3 The Tribunal is satisfied the parties have been notified of today's hearing and had an opportunity to be heard.

11. The Tribunal gave oral reasons for the decision.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971e62b171d2d215e7daf65)

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