Renda v Ling [2022] NSWCATCD 33

Renda v Ling [2022] NSWCATCD 33

The Tribunal found that the reduction and withdrawal of services and facilities (such as the cooktop, oven, electricity supply, hot water service, exhaust fan, and certain window locks) between 6 January 2021 and 29 June 2021 rendered the rent excessive by at least 20%, and thus ordered rent reductions. The claims for urgent repair reimbursement and quiet enjoyment compensation failed for lack of statutory preconditions, untimely application, or insufficient evidence. The rent increase was valid, as the agreement properly specified it and the necessary notice was given in compliance with the law.

Parties
Applicant: Frances Renda; Applicant: Michela Juva; Applicant: Mohammad Shami Safi; Respondent: He Ling
Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Residential Tenancy Dispute / Final Hearing and Decision
Outcome
Application partly upheld, partly dismissed
Legal Topics
Residential Tenancies, Excessive Rent Claims, Urgent Repairs, Quiet Enjoyment, Rent Increases, Procedure: Adjournments and Extensions
Land Law Tenancy Law Civil Procedure Residential Tenancies Excessive Rent Claims Urgent Repairs Quiet Enjoyment Rent Increases +1 more

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Parties

Frances Renda

Applicant

Michela Juva

Applicant

Mohammad Shami Safi

Applicant

He Ling

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Hearing and Decision

Legal Issues

  1. 1 Whether rent payable for the premises was excessive due to withdrawal/reduction of goods, services, and facilities
  2. 2 Whether landlord is liable to reimburse urgent repairs
  3. 3 Whether tenants are entitled to compensation for interference with quiet enjoyment

Ratio Decidendi

The Tribunal found that the reduction and withdrawal of services and facilities (such as the cooktop, oven, electricity supply, hot water service, exhaust fan, and certain window locks) between 6 January 2021 and 29 June 2021 rendered the rent excessive by at least 20%, and thus ordered rent reductions. The claims for urgent repair reimbursement and quiet enjoyment compensation failed for lack of statutory preconditions, untimely application, or insufficient evidence. The rent increase was valid, as the agreement properly specified it and the necessary notice was given in compliance with the law.

Court Disposition

Application partly upheld, partly dismissed

Orders

  • Adjournment and extension of time refused.
  • Rent payable reduced to $376.00 per week (6 January 2021 to 14 March 2021).