Semaan v McIlroy;; McIlroy v Semaan [2017] NSWCATAP 146

Semaan v McIlroy;; McIlroy v Semaan [2017] NSWCATAP 146

The landlord failed to adduce evidence of the quantum of cleaning costs, so was not entitled to claim against the bond; the tenant was entitled to refund of electricity charges used by the landlord’s workers and of rent overpaid due to failure to give written notice of a rent increase, as these sums constituted money had and received and the Tribunal had power to order repayment under s 187 of the Residential Tenancies Act.

Jurisdiction
Australia
Judgment Date
11 July 2017
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Semaan v McIlroy: Leave to appeal refused, appeal dismissed. McIlroy v Semaan: Extension of time granted, appeal upheld in part.
Legal Topics
['rental Bond' 'evidence Requirements in Tenancy Disputes' 'utility Charges' 'rent Increase Notice Requirements' 'orders for Repayment/compensation Under Tenancy Law']
['residential Tenancy' 'administrative Law'] ['rental Bond' 'evidence Requirements in Tenancy Disputes' 'utility Charges' 'rent Increase Notice Requirements' 'orders for Repayment/compensation Under Tenancy Law']

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether landlord was entitled to retain rental bond for alleged cleaning costs without evidence of quantum' "Whether tenant was entitled to refund for electricity charges used for landlord's constructions works" 'Whether tenant was entitled to refund of rent overpaid due to invalid rent increase notice' 'Whether there should be rent abatement or reduction for disruption/loss of amenity']

Ratio Decidendi

The landlord failed to adduce evidence of the quantum of cleaning costs, so was not entitled to claim against the bond; the tenant was entitled to refund of electricity charges used by the landlord’s workers and of rent overpaid due to failure to give written notice of a rent increase, as these sums constituted money had and received and the Tribunal had power to order repayment under s 187 of the Residential Tenancies Act.

Court Disposition

Semaan v McIlroy: Leave to appeal refused, appeal dismissed. McIlroy v Semaan: Extension of time granted, appeal upheld in part.

Orders

  • ['Proceedings AP 16/47917: 1) Leave to appeal refused. 2) Appeal dismissed. 3) Confirm the decision in proceedings RT 16/29620 so far as it orders that Mofreh Semaan is to pay Nicholas Matthew McIlroy the sum of $1,400 forthwith.' 'Proceedings AP 16/49822: 1) Extend time for appeal to 14 November 2016. 2) Appeal...