Ebbelid v Qin

[2014] NSWCATCD 173

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Ebbelid and anor v Qin [2014] NSWCATCD 173

Hearing dates:

23 July 2014

Decision date:

03 September 2014

Before:

P Boyce, Senior Member

Decision:

1. The landlord is to pay to the tenants damages in the amount of $8,846.00 immediately;

2. The tenants are to pay the landlord arrears of rent $574.29 immediately;

3. The rental bond is to be paid to the tenants immediately.

Catchwords:

Habitable premises, damages

Legislation Cited:

Civil and Administrative Tribunal Act 2013
Residential Tenancies Act 2010

Cases Cited:

None

Texts Cited:

None

Category:

Principal judgment

Parties:

Pernilla Ebbelid and Tomi Ebbelid (applicants)
Minqyu Qin (respondent)

File Number(s):

RT 14/25538, RT 14/22700, RT 14/31739 and RT 14/36831

Publication restriction:

None

reasons for decision

Application

1. This application is brought by tenants against their landlord in respect of residential premises.

1. The tenants seek orders under the Residential Tenancies Act 2010.

1. Because of the multiple applications filed by the tenants and the landlord, the orders they seek are set out in the narrative of the applications filed under the heading "Background" in these reasons for decision.

Jurisdiction

1. S 28 of the Civil and Administrative Tribunal Act 2013 provides that the NSW Civil and Administrative Tribunal ("Tribunal") has jurisdiction and functions as may be conferred or imposed on it by or under this Act or any other legislation.

1. S 21 of the Residential Tenancies Act 2001 grants to the Tribunal the jurisdiction to hear and determine disputes conferred under the Act.

1. The Tribunal is satisfied that the applicant tenants pursuant to a signed residential tenancy agreement entered into on or about 27 March 2014 for residential premises located within NSW.

Background

1. The tenants made an application on 1 May 2014 (RT 14/22700) for:

(a) An order as to compensation pursuant to s 187(1)(d) of the Residential Tenancies Act 2010;

(b)   An order that requires payment of part or all of the rent payable under a residential tenancy agreement to the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined pursuant to s 187(1)(f) of the Act;

(c)   An order reducing the rent payable where the premises are unusable or uninhabitable or destroyed pursuant to s 45 of the Act;

(d)   An order for the repayment of rent or other payments made by the tenant contrary to the Act or the residential tenancy agreement pursuant to s 47 of the Act;

(e)   An order that the landlord carry out repairs pursuant to s 65 (1)(a) of the Act.

1. On 16 May 2014 the Tribunal made orders in respect of that application that:

(a)   The landlord pay the tenants compensation of $502.00 for the cost of urgent repairs and cleaning carried out by the tenants;

(b)   The landlord carry out repairs on or before 30 June 2014 details of which are repairs to:

(i)   Air conditioning;

(ii)   Kitchen ceiling;

(iii)   Temperature gauge to 2 ovens;

(iv)   Flue…