Evans v Jayandan

Evans brought an application against Jayandan under the Residential Tenancies Act 2010, seeking relief from an allegedly retaliatory notice of termination. The application was heard and determined by the Residential Tenancy Tribunal of Victoria. Evans contended that the notice of termination served by Jayandan was retaliatory and sought to have it declared of no effect. The applicant also sought relief in respect of an excessive rent increase and the withholding of consent to sub-let. The respondent argued that the notice of termination was not retaliatory and sought to have the application dismissed.

The primary legal issue before the tribunal was whether the notice of termination served by Jayandan was retaliatory. The tribunal also considered whether the rent was excessive and whether Jayandan had unreasonably withheld consent to sub-let. The tribunal had to determine whether the notice of termination was retaliatory in nature and whether it should be set aside. In addition, the tribunal was required to assess whether the rent charged by Jayandan was excessive and whether the respondent had unreasonably withheld consent to sub-let.

The tribunal found that the notice of termination was retaliatory and declared it of no effect. The tribunal found that Jayandan had increased the rent in excess of the maximum permitted by the Act and ordered that the rent for the period from 1 April 2023 until 30 October 2023 not exceed $374.00 per week. The tribunal found that Jayandan had unreasonably withheld consent to sub-let and ordered that the respondent pay the applicant $1,000.00 for the contravention of section 50 of the Act. The tribunal ordered that the respondent engage suitably qualified persons to assess and repair the awning, paint the premises, and complete mould treatment. The tribunal dismissed the application in all other respects.

The tribunal made several orders in favour of the applicant. The tribunal declared that the notice of termination served by Jayandan was retaliatory and of no effect. The tribunal ordered that the rent for the period from 1 April 2023 until 30 October 2023 not exceed $374.00 per week. The tribunal ordered that the respondent pay the applicant $1,000.00 for the contravention of section 50 of the Act. The tribunal ordered that the respondent engage suitably qualified persons to assess and repair the awning, paint the premises, and complete mould treatment within specified timeframes. The tribunal dismissed the application in all other respects.