Sun v Zhang [2023] NSWCATAP 333

Sun v Zhang [2023] NSWCATAP 333

The rent increase notified by the landlord on 27 February 2023 was not payable because the requirements of s 41 of the Residential Tenancies Act 2010 (NSW) (particularly the 60-day notice) were not complied with. Accordingly, no lawful rent increase occurred notwithstanding the execution of a renewed tenancy agreement at a higher rent. The Tribunal at first instance erred by making an order setting a maximum rent, rather than determining simply that the increase was invalid in accordance with the statutory scheme.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Residential Tenancy Appeal / Appeal Decision of Appeal Panel
Outcome
Appeal allowed
Legal Topics
['rent Increases' 'notice Requirements' 'fixed Term Tenancy Agreements' 'tribunal Powers and Orders']
['residential Tenancies' 'landlord and Tenant'] ['rent Increases' 'notice Requirements' 'fixed Term Tenancy Agreements' 'tribunal Powers and Orders']

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Procedural Posture

Residential Tenancy Appeal / Appeal Decision of Appeal Panel

Legal Issues

  1. 1 ['Whether the rent increase notice complied with s 41 of the Residential Tenancies Act 2010 (NSW)' 'Whether the Tribunal erred in the order made regarding the rent payable under the renewed agreement' 'Jurisdiction and scope of Tribunal powers under the RTA when invalid rent increase notice is given']

Ratio Decidendi

The rent increase notified by the landlord on 27 February 2023 was not payable because the requirements of s 41 of the Residential Tenancies Act 2010 (NSW) (particularly the 60-day notice) were not complied with. Accordingly, no lawful rent increase occurred notwithstanding the execution of a renewed tenancy agreement at a higher rent. The Tribunal at first instance erred by making an order setting a maximum rent, rather than determining simply that the increase was invalid in accordance with the statutory scheme.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'The order of the Tribunal made in proceedings RT 23/18730 on 1 August 2023 is set aside and the following order substituted: The rent increase notified by the landlord Shiu Kwan Sun on 27 February 2023 is not payable by the tenants Yijiao Zhang and Jun Ma because s 41 of the Residential...