Evans v Charlesworth

[2023] NSWCATCD 50

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Evans v Charlesworth [2023] NSWCATCD 50

Hearing dates:

2 February 2023

Date of orders:

11 April 2023

Decision date:

11 April 2023

Jurisdiction:

Consumer and Commercial Division

Before:

G A Kinsey, General Member

Decision:

The Respondents Nathanael Charlesworth and Antoinetta Charlesworth are to pay the Tenant Michael Evans the sum of $1500.00 within 14 days of the date hereof.

Catchwords:

RESIDENTIAL TENANCIES - compensation claim for breach of quiet enjoyment-access to premises by landlord without consent pursuant to s 55 of Residential Tenancies Act 2010 - what constitutes urgent repairs or emergency - liability of Landlord for actions of predecessor in title - whether orders binding on Landlord where incorrect party named on urgent application - limitation period for breach of residential tenancy agreement - calculation of compensation

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Residential Tenancies Act 2010

Residential Tenancies Regulation 2019

Cases Cited:

Hyndes v Maddak Pty Ltd [2021] NSWCATAP 302 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22

Luo v Campbell [2022] NSWCATAP 38

Pongrass v Small [2021] NSWCATAP 314

Texts Cited:

None

Category:

Principal judgment

Parties:

Michael Evans (Applicant)
Nathanael Charlesworth (Respondent)
Antonietta Charlesworth (Respondent)

Representation:

Jackson Cocks (Tenant’s Advocate Illawarra Legal Centre) for Applicant
Nathanael Charlesworth for Respondents

File Number(s):

RT 22/51546

Publication restriction:

Unrestricted

REASONS FOR DECISION

Parties

1. The Applicant was the tenant of residential premises described as X/XX MacLean Street Nowra (“the premises”). The Applicant shall hereinafter be described as “the Tenant”). At the hearing the Tenant was represented by Jackson Cocks, a Tenant’s Advocate from the Illawarra Legal Centre.

2. The Respondents are the owners of the premises. The Respondents shall hereinafter be described as “the Landlords”). At the hearing the Landlords were represented by Nathanael Charlesworth.

The Application

3. In an application filed in the Tribunal on 21 November 2022, the Tenant sought orders that the Landlord not interfere with the Tenant’s quiet enjoyment and reasonable peace, comfort and privacy in using the residential premises; not interfere with the supply of any utility service; and not enter the residential premises without giving proper notice and compensation.

4. The Tenant alleged the Landlords had breached sections 50 and 61(1) of the Residential Tenancies Act 2010 (“the Act”).

5. The Landlords disputed the Tenant’s claims and denied any breaches of the Act.

Jurisdiction

6. The parties did not dispute the jurisdiction of the Tribunal to hear and determine the application. The dispute involves a residential tenancy agreement between the parties entered on or about 5 January 2016. The Tenant had resided in the premises continuously since 12 August 2004, having previously signed a residential tenancy agreement dated 12 August 2004.

7. The premises are “residential premises” within the meaning of section 3 of the Act. The agreement is a “residential tenancy agreement” as defined in section 13(1) of the Act. Matters arising under the Act are allocated to the Consumer and Commercial Division of the Tribunal under Schedule 4 of the Civil and Administrative…