Andrew Fletcher and Song Fletcher; v Luke Bunbury

The applicants, Andrew Fletcher and Song Fletcher, sought relief from the tribunal regarding the condition of the rental premises they occupied and the excessive rent charged by the respondent, Luke Bunbury. The dispute was heard by the Civil and Administrative Tribunal of New South Wales. The primary issues before the tribunal were whether the rent charged by the respondent was excessive and whether the respondent had failed to repair a mould issue in the premises, as required by the Residential Tenancies Act 2010.

The tribunal found that the rent charged by the respondent was indeed excessive as it was significantly above the market rate for similar properties in the area. Additionally, the tribunal determined that the respondent had failed to adequately address the mould issue, despite multiple requests from the applicants. The tribunal held that the respondent's failure to repair the mould constituted a breach of the Residential Tenancies Act 2010. As a result, the tribunal ordered that the rent payable for the premises was not to exceed $700.00 per week for the specified period and awarded compensation of $15,000.00 to the applicants. Furthermore, the tribunal directed the Rental Bond Services to release the rental bond to the applicants.

The tribunal's decision was based on the evidence presented, including expert reports on the market rate for rent and the condition of the premises. The tribunal found that the respondent had not provided sufficient evidence to justify the rent charged or the delay in addressing the mould issue. The tribunal also noted the applicants' testimony regarding the impact of the mould on their health and well-being.