Li v Middleton [2021] NSWCATAP 249

Li v Middleton [2021] NSWCATAP 249

Leave to appeal was granted due to financial miscalculations by the Tribunal regarding the rent rebate and break fee. The Appeal Panel found the Tribunal duplicated the rent-free week in its rent rebate allowance and neglected the statutory requirement for the tenant to pay a break fee under s107 of the Residential Tenancies Act 2010. Adjustments were recalculated, resulting in an order for the respondent to pay the appellant $1457.16.

Parties
Appellant: Xiaoyan Li; First Respondent: Brett Middleton; Second Respondent: Lisette Middleton
Jurisdiction
Australia
Judgment Date
30 August 2021
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal upheld in part
Legal Topics
Appeal, Landlord and Tenant, Breach of Lease, Rent Rebate, Break Fee, Procedural Fairness
Residential Tenancies Tribunal Procedure Appeal Landlord and Tenant Breach of Lease Rent Rebate Break Fee Procedural Fairness

Case Brief

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Parties

Xiaoyan Li

Appellant

Brett Middleton

First Respondent

Lisette Middleton

Second Respondent

Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in calculating rent rebate and break fee under the lease and Residential Tenancies Act 2010
  2. 2 Whether procedural unfairness or denial of natural justice occurred due to appellant's dissatisfaction with prior representation
  3. 3 Whether agent's representation of appellant warranted a new hearing

Ratio Decidendi

Leave to appeal was granted due to financial miscalculations by the Tribunal regarding the rent rebate and break fee. The Appeal Panel found the Tribunal duplicated the rent-free week in its rent rebate allowance and neglected the statutory requirement for the tenant to pay a break fee under s107 of the Residential Tenancies Act 2010. Adjustments were recalculated, resulting in an order for the respondent to pay the appellant $1457.16.

Court Disposition

Appeal upheld in part

Orders

  • Leave be granted to bring the appeal
  • The appeal is upheld in part