Beasley v Meriton Property Services Pty Ltd [2022] NSWCATCD 130

Beasley v Meriton Property Services Pty Ltd [2022] NSWCATCD 130

The rent increase to $630 per week was excessive because the evidence most probative of market rent was the respondent's own advertisement offering one-bedroom units in the same complex from $590 per week and its manager's description of such units, which closely matched the applicants' first-floor south-facing one-bedroom unit. The respondent's asserted comparables on levels 9 and 10 were not comparable because the respondent's own evidence accepted that level affects price, and the respondent did not provide evidence of rents for comparable lower-level units. Although some increase was justified because $530 no longer reflected the market level, the evidence supported a maximum rent of...

Jurisdiction
Australia
Judgment Date
06 September 2022
Procedural Posture
Residential Tenancy Application for an Excessive Rent Increase Order / Final Hearing and Decision
Outcome
Application allowed in part; the rent increase to $630 per week was declared excessive and the maximum rent was set at $570 per week for 12 months.
Legal Topics
['rent Increase' 'excessive Rent' 'fair Rent' 'comparable Premises']
['leases and Tenancies' 'residential Tenancies'] ['rent Increase' 'excessive Rent' 'fair Rent' 'comparable Premises']

Case Brief

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Procedural Posture

Residential Tenancy Application for an Excessive Rent Increase Order / Final Hearing and Decision

Legal Issues

  1. 1 ["Whether the respondent's rent increase from $530 per week to $630 per week was excessive under s 44(1)(a) of the Residential Tenancies Act 2010 (NSW)." 'What maximum weekly rent should apply if the proposed rent increase was excessive.' 'Whether the respondent should repay rent paid above the amount determined by the Tribunal.']

Ratio Decidendi

The rent increase to $630 per week was excessive because the evidence most probative of market rent was the respondent's own advertisement offering one-bedroom units in the same complex from $590 per week and its manager's description of such units, which closely matched the applicants' first-floor south-facing one-bedroom unit. The respondent's asserted comparables on levels 9 and 10 were not comparable because the respondent's own evidence accepted that level affects price, and the respondent did not provide evidence of rents for comparable lower-level units. Although some increase was justified because $530 no longer reflected the market level, the evidence supported a maximum rent of...

Court Disposition

Application allowed in part; the rent increase to $630 per week was declared excessive and the maximum rent was set at $570 per week for 12 months.

Orders

  • ['Order that the rent increase to $630 is excessive.' 'Order that the rent payable by the applicants to the respondent shall not exceed $570 per week from 24 May 2022 to 24 May 2023.' 'Order pursuant to s 47(5) of the Residential Tenancies Act 2010 (NSW) that the respondent is to repay the applicants any rent paid...