Jang v Vlotis

The applicant, Eun Joo Jang, brought proceedings against the respondents, Nick Vlotis and Ann Vlotis, who were her landlords, in the Victorian Civil and Administrative Tribunal. The applicant alleged that the landlords failed to effect certain repairs, leading to an excessive rent charge under section 44(1)(b) of the Residential Tenancies Act 2010. The applicant sought an assessment of the rent and a refund of the excessive rent paid.

The central legal issue for the tribunal was whether the landlords' failure to carry out repairs constituted a reduction or withdrawal of goods, services, or facilities under the Act, thereby justifying a reduction in rent. The tribunal considered whether the landlords' failure to act constituted a breach of their obligations under the Act and whether this breach had resulted in an excessive rent charge. The tribunal also had to determine the appropriate amount of the refund, if any.

The tribunal found that the landlords had failed to effect the necessary repairs, and this constituted a reduction or withdrawal of goods, services, or facilities. The tribunal held that the applicant was entitled to a reduction in rent as a result of this failure. The tribunal assessed the amount of the refund based on the evidence presented and determined that the applicant was entitled to a refund of $3443.89. The tribunal ordered the respondents to pay the applicant this sum as a credit on the tenant’s rental ledger by a specified date.

In conclusion, the tribunal found in favour of the applicant and ordered the respondents to pay her a refund of $3443.89. The tribunal held that the respondents' failure to effect necessary repairs constituted a reduction or withdrawal of goods, services, or facilities, and justified a reduction in rent. The tribunal assessed the amount of the refund based on the evidence presented and ordered the respondents to pay the applicant the sum of $3443.89 by a specified date.