Byrnes v Wang (Residential Tenancies)

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

BYRNES v WANG (Residential Tenancies) [2020] ACAT 40

RT 818/2019

Catchwords:               RESIDENTIAL TENANCIES - failure to comply with Tribunal orders – fine imposed

Legislation cited:        ACT Civil and Administrative Tribunal Act 2008 s 74

Residential Tenancies Act 1997 s 86 standard term 42

Cases cited:Law Institute of Victoria v Nagle [2005] VSC 47

Xia v Wang & Bian [2009] ACAT 21
Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd & Ors [2003] VSC 201
Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483

Tribunal:  Senior Member H Robinson

Date of Orders:           9 June 2020

Date of Reasons for Decision:         9 June 2020

AUSTRALIAN CAPITAL TERRITORY          )

CIVIL & ADMINISTRATIVE TRIBUNAL     )          RT 818/2019

BETWEEN:

CLARE BYRNES

Applicant

AND:

YIOSIANG WANG

First Respondent

SHESANG BIAN

Second Respondent

TRIBUNAL:     Senior Member H Robinson

DATE:9 June 2020

ORDER

The Tribunal orders that:

1.The first respondent is fined the sum of $750 for failure to comply with a Tribunal order. Payment is to be made to the Tribunal registry.  The first respondent may contact registry to make arrangements to pay.

2.This amount will be paid to the Tribunal within 28 days.

………………………………..

Senior Member H Robinson

REASONS FOR DECISION

1.The first respondent, Mr Yiosiang Wang, is the lessor of a property in Nicholls in the Australian Capital Territory. At the time of these proceedings, he has a fraught relationship with a tenant of that property, Ms Byrnes, who leased the main bedroom. The second respondent is the joint lessor.  The first respondent has advised the Tribunal that the second respondent is currently overseas and that she does not participate in the management of the property the subject of these proceedings.

2.On 16 December 2019, Ms Byrnes lodged an application for resolution of a residential tenancy dispute, seeking orders that a notice to vacate issued by the lessor be declared void. That matter has been separately determined.

3.The first respondent had entered several different leases in respect of individual rooms in the house.  These rooms do not have separate electricity meters, and accordingly it was not possible to determine individual electricity consumption in the premises for the purposes of section 42(c) of the Standard Residential Tenancy Terms[1] .  This means the lessors were not permitted to charge the tenants for electricity.  On or about 15 January 2019 Mr Wang caused the electricity connection to be disconnected in his name and sought to have the tenants collectively enter an arrangement with a utility provider.

[1] Residential Tenancies Act 1997 (ACT), Schedule 1

4.On 15 January 2020, Ms Byrnes lodged an application for urgent interim orders seeking, amongst other things, orders that the respondents:

(a)reconnect the electricity service;

(b)maintain an electricity connection to the property until existing leases at the property have terminated;

(c)accept responsibility for the accrued electricity costs from the disconnection date of 22 November 2019 to reinstatement of the account by the lessor.

5.On 16 January 2020, (the interim hearing) a…