Whiteside v Mallett Street Pty Limited [2023] NSWCATCD 169

Whiteside v Mallett Street Pty Limited [2023] NSWCATCD 169

The Tribunal found that both termination notices were wholly motivated by the tenants’ exercise of their rights to apply to NCAT and seek repairs, thus were retaliatory and invalid under s 115. It further held that due to water ingress and resulting disrepair, tenants experienced both a withdrawal and reduction of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Residential Tenancy Dispute / Final Decision After Hearing
Outcome
Partial success for applicants: declaration of retaliatory notices, excessive rent ordered and liquidated; other claims dismissed.
Legal Topics
['excessive Rent' 'retaliatory Eviction' 'residential Tenancy Agreements' 'state of Repair']
['landlord and Tenant' 'consumer Law'] ['excessive Rent' 'retaliatory Eviction' 'residential Tenancy Agreements' 'state of Repair']

Source-derived case record

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Procedural Posture

Residential Tenancy Dispute / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the termination notices were retaliatory under s 115 of the Residential Tenancies Act 2010 (NSW)' 'Whether rent was excessive under s 44(1)(b) of the Residential Tenancies Act 2010 (NSW) due to withdrawal or reduction in goods, services or facilities' 'Appropriate amount of rent reduction and monetary compensation']

Ratio Decidendi

The Tribunal found that both termination notices were wholly motivated by the tenants’ exercise of their rights to apply to NCAT and seek repairs, thus were retaliatory and invalid under s 115. It further held that due to water ingress and resulting disrepair, tenants experienced both a withdrawal and reduction of premises’ use and amenity, making the rent excessive during the relevant periods, justifying specified rent reductions and the monetary order against the landlord.

Court Disposition

Partial success for applicants: declaration of retaliatory notices, excessive rent ordered and liquidated; other claims dismissed.

Orders

  • ['Termination notices dated 24 July 2023 and 6 September 2023 are of no effect because they are retaliatory notices.' 'Rent payable for the premises was excessive from 30 June 2022 to 29 June 2023 and is not to exceed $700.00 per week for the period 30 June 2022 to 8 September 2022 and $840.00 per week for the...