Beasley v Meriton Property Services Pty Ltd

[2022] NSWCATCD 130

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

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

Hearing dates:

28 June 2022

Date of orders:

06 September 2022

Decision date:

06 September 2022

Jurisdiction:

Consumer and Commercial Division

Before:

D Moujalli, Senior Member

Decision:

1. Order that the rent increase to $630 is excessive.

2. 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.

3. Order pursuant to s 47(5) of the Residential Tenancies Act 2010 (NSW) that the respondent is to repay the applicants any rent paid in excess of the amount specified in order 2 within 14 days of the date of these orders.

Catchwords:

LEASES AND TENANCIES – rent increase – fair rent – comparable premises

Legislation Cited:

Residential Tenancies Act 2010 (NSW)

Cases Cited:

Baltov v Casaceli [2021] NSWCATCD 91

Category:

Principal judgment

Parties:

Hannah Beasley and Paul McCormack (Applicants)

Meriton Property Services Pty Ltd (Respondent)

Representation:

Applicants (self-represented)

Respondent: Ms Rosetto

File Number(s):

RT 22/15458

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. The applicants are the tenants of residential premises owned by the respondent who is the landlord of the premises.

2. The applicants lodged an application with the Tribunal on 7 April 2022 (the Application). The applicants seek an order under s 44(1)(a) of the Residential Tenancies Act 2010 (NSW) (RTA) that a rent increase is excessive.

3. The Application was listed for hearing on 28 June 2022.

4. At the hearing on 28 June 2022, both parties appeared without legal representation. The applicants appeared in person and the respondent was represented by one its managers, Ms Rossetto.

5. The hearing on 28 June 2022 proceeded by telephone. At the hearing the parties were given an opportunity to present their evidence, ask questions of the other party and make submissions. The parties did this in a respectful manner and the Tribunal is grateful for their co-operation in the conduct of the hearing.

Jurisdiction

6. The dispute between the applicants and respondent arises from their relationship as the tenants and landlord respectively under a residential tenancy agreement governed by the RTA. The Tribunal therefore has jurisdiction to hear and determine the matter pursuant to the powers granted to it under the RTA in respect of residential tenancy agreements.

Evidence

7. In determining the Application, the Tribunal has had regard to the following:

1. The material filed by the applicants on 31 May 2022. This was said to supersede and replace the material originally filed by the applicants on 5 May 2022. This was marked Exhibit A1 at the hearing on 28 June 2022.

2. The material filed by the respondent on 13 May 2022. This was marked Exhibit R1 at the hearing on 28 June 2022.

3. The further material filed by the respondent on 22 June 2022. This was marked Exhibit R2 at the hearing on 28 June 2022

4. The oral evidence and submissions of the parties at…