Lennon v Finegan [2023] NSWCATCD 158

Lennon v Finegan [2023] NSWCATCD 158

Applying an objective approach to the tenancy agreement and surrounding circumstances, a reasonable person would have understood the storage room shown on the promotional floor plan and not excluded from the tenancy agreement to form part of the residential premises. Because the tenant had access only to a small part of the storeroom from 12 April 2023 to 23 July 2023 and no access from 24 July 2023, there was first a reduction and then a withdrawal of a facility provided with the premises. Having regard to the limited usefulness of comparable rent evidence, the estimated value of the storeroom, its size relative to the premises, its significance to the tenant, hot water issues, and the...

Jurisdiction
Australia
Judgment Date
18 December 2023
Procedural Posture
Residential Tenancy Application for Excessive Rent Order Due to Reduction or Withdrawal of Facilities / Principal Judgment After Hearing
Outcome
Application allowed in part; excessive rent order made.
Legal Topics
['excessive Rent' 'reduction or Withdrawal of Facilities' 'residential Premises' 'contractual Interpretation' 'mistake' 'misleading or Deceptive Conduct']
['residential Tenancy Law' 'consumer Law'] ['excessive Rent' 'reduction or Withdrawal of Facilities' 'residential Premises' 'contractual Interpretation' 'mistake' 'misleading or Deceptive Conduct']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Residential Tenancy Application for Excessive Rent Order Due to Reduction or Withdrawal of Facilities / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the storage room formed part of the residential premises under the tenancy agreement.' 'Whether there was a reduction or withdrawal by the landlord of goods, services or facilities provided with the residential premises.' 'Whether the rent payable under the tenancy agreement was excessive because of the reduction or withdrawal of the storage room.' "Whether the tenant's submissions concerning s 18 of the Australian Consumer Law 2010 (NSW) should be considered."]

Ratio Decidendi

Applying an objective approach to the tenancy agreement and surrounding circumstances, a reasonable person would have understood the storage room shown on the promotional floor plan and not excluded from the tenancy agreement to form part of the residential premises. Because the tenant had access only to a small part of the storeroom from 12 April 2023 to 23 July 2023 and no access from 24 July 2023, there was first a reduction and then a withdrawal of a facility provided with the premises. Having regard to the limited usefulness of comparable rent evidence, the estimated value of the storeroom, its size relative to the premises, its significance to the tenant, hot water issues, and the...

Court Disposition

Application allowed in part; excessive rent order made.

Orders

  • ['The rent shall not exceed $1025.00 per week from 12 April 2023 to 11 April 2024.' 'Any rent paid in excess of that amount shall be paid to the tenant as a rent credit on the ledger immediately.']