Rizk & Juma v Lai & Lai; Lai & Lai v Rizk & Juma [2023] NSWCATCD 137

Rizk & Juma v Lai & Lai; Lai & Lai v Rizk & Juma [2023] NSWCATCD 137

The tenants abandoned the premises on 1 May 2023, without consent or Tribunal order and in circumstances not permitted by the Act. The landlords are entitled to compensation under s 107 in the amount of 4 weeks rent at $750 per week ($3,000). The landlords are entitled to receive $3,000 from the rental bond; the balance of the bond is to be paid to the tenants. The tenants are not entitled to additional claimed costs or a termination order under s 103 or 103A as no breach was objectively established.

Jurisdiction
Australia
Judgment Date
06 November 2023
Procedural Posture
Residential Tenancy Dispute / Final Determination (principal Judgment)
Outcome
Landlords granted compensation for abandonment, tenants ordered to pay $3,000 by way of lease break fee. Bond to be apportioned.
Legal Topics
['residential Tenancies' 'lease Break Fee' 'rental Bond' 'abandonment' 'rent Reduction' 'fitness for Habitation']
['consumer and Commercial'] ['residential Tenancies' 'lease Break Fee' 'rental Bond' 'abandonment' 'rent Reduction' 'fitness for Habitation']

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Procedural Posture

Residential Tenancy Dispute / Final Determination (principal Judgment)

Legal Issues

  1. 1 ['Whether the tenants abandoned the premises within the meaning of s 106 of the Residential Tenancies Act 2010 (NSW)' 'Whether the landlords are entitled to compensation (lease break fee) under s 107 due to abandonment' 'Whether the tenants were entitled to terminate for breach under s 103 or s 103A of the Act' 'Entitlement to rental bond' 'Whether tenants can recover additional costs']

Ratio Decidendi

The tenants abandoned the premises on 1 May 2023, without consent or Tribunal order and in circumstances not permitted by the Act. The landlords are entitled to compensation under s 107 in the amount of 4 weeks rent at $750 per week ($3,000). The landlords are entitled to receive $3,000 from the rental bond; the balance of the bond is to be paid to the tenants. The tenants are not entitled to additional claimed costs or a termination order under s 103 or 103A as no breach was objectively established.

Court Disposition

Landlords granted compensation for abandonment, tenants ordered to pay $3,000 by way of lease break fee. Bond to be apportioned.

Orders

  • ['Pursuant to s 106 of the Residential Tenancies Act, the Tribunal declares that the Tenants (Bechara Rizk & Ariye Atayi Juma) abandoned the residential premises on 1 May 2023.' 'The Tenants (Bechara Rizk & Ariye Atayi Juma) are to pay the Landlords the sum of $3,000.' 'The Rental Bond Services is directed to pay...