Stuart v Leonardo [2021] NSWCATAP 111

Stuart v Leonardo [2021] NSWCATAP 111

The appeal was dismissed because the Tribunal had no power under the Residential Tenancies Act, 2010 (NSW) or the COVID-19 residential tenancy provisions to impose the 40% rent reduction sought by Mr Stuart in the absence of agreement, and because vacant possession was not given until the keys were returned on 14 October 2020. Rent was therefore payable to that date, and no error was established in the orders for rent arrears or release of the bond to the landlord.

Jurisdiction
Australia
Judgment Date
03 May 2021
Procedural Posture
Appeal in Residential Tenancy Proceedings / Appeal Panel Decision From Orders of the Consumer and Commercial Division Made on 28 January 2021
Outcome
The appeal is dismissed.
Legal Topics
['termination of Residential Tenancy Agreement' 'unpaid Rent' 'covid 19 Impacted Tenant Provisions' 'rent Reduction Negotiations' 'vacant Possession' 'return of Keys' 'rental Bond']
['landlord and Tenant' 'residential Tenancies' 'civil and Administrative Tribunal Appeals'] ['termination of Residential Tenancy Agreement' 'unpaid Rent' 'covid 19 Impacted Tenant Provisions' 'rent Reduction Negotiations' 'vacant Possession' 'return of Keys' 'rental Bond']

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Procedural Posture

Appeal in Residential Tenancy Proceedings / Appeal Panel Decision From Orders of the Consumer and Commercial Division Made on 28 January 2021

Legal Issues

  1. 1 ['Whether the Tribunal erred by failing to reduce rent because the appellant claimed to be impacted by the COVID-19 pandemic and alleged the landlord failed or refused to negotiate a 40% rent reduction.' 'Whether the tenancy ended before 14 October 2020 so that rent was not payable up to that date.' 'Whether the orders for rent arrears and release of the rental bond to the landlord should stand.']

Ratio Decidendi

The appeal was dismissed because the Tribunal had no power under the Residential Tenancies Act, 2010 (NSW) or the COVID-19 residential tenancy provisions to impose the 40% rent reduction sought by Mr Stuart in the absence of agreement, and because vacant possession was not given until the keys were returned on 14 October 2020. Rent was therefore payable to that date, and no error was established in the orders for rent arrears or release of the bond to the landlord.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']