Matthew Hanney and Belinda Smiley v

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Matthew Hanney and Belinda Smiley v ; Lachlan McCabe and Amanda Toshack [2014] NSWCATCD 239

Hearing dates:

1 August 2014 and 24 September 2014

Decision date:

09 December 2014

Jurisdiction:

Consumer and Commercial Division

Before:

G A Kinsey, General Member

Decision:

Application RT 14/28415

The landlords Lachlan McCabe and Amanda Toshack are to pay the sum of $2,195.00 to the tenants Matthew Hanney and Belinda Smiley on or before 19 December 2014

Application RT14/37816

The landlords Lachlan McCabe and Amanda Toshack are to pay the sum of $777.99 to the tenants Matthew Hanney and Belinda Smiley on or before 19 December 2014
Note: The net result is that the landlords are to pay the tenants the sum of $2,972.99 in respect of both applications

Legislation Cited:

Residential Tenancies Act 2010
Residential Tenancies Regulation 2010
Civil and Administrative Tribunal Act 2010

Cases Cited:

Northern Sandblasting Pty Ltd v Harris (1997) 188CLR 313
Jones v Bartlett (2000) HCA56; (2000) 205 CLR 166
Partridge v Maidi Pty Ltd (Tenancy) [2013] NSW CTTT 390
Shrestha v Crandell Pty Ltd [2010] NSW CTTT 240
De Chazol v Scala [2010] NSW CTTT 135

Category:

Principal judgment

Parties:

Matthew Hanney and Belinda Smiley (tenants)
Lachlan McCabe and Amanda Toshack (landlords)

File Number(s):

RT 14/28415 and RT 14/37816

Publication restriction:

Unrestricted

reasons for decision

Application RT 14/28415

1. On 29 May 2014 the applicants filed an application against the respondents in which they sought the following orders under the Residential Tenancies Act 2010 (“the RTA”):

1. An order under section 45 reducing the rent payable where the premises are uninhabitable;

2. An order under section 65(1)(a) that the landlord carry out repairs;

3. An order under section 65(1)(b) that the landlord reimburse the tenant for repairs;

4. An order under section 109 that they were entitled to give immediate notice to vacate on the grounds that the premises were uninhabitable and to terminate the tenancy;

5. An order under section 187(1)(o) for compensation.

I will refer to this application RT 14/28415 as “the First Application”.

2. The applicants claimed on the First Application that they were entitled to compensation of $10,000.00.

Application RT 14/37816

3. In an application filed in the Tribunal on 24 July 2014 the applicants claimed an amount of $1,660.67 from the rental bond. I will refer to this application RT 14/37816 as “the Second Application”.

Jurisdiction

4. The dispute involved a residential tenancy agreement entered into by the parties on 19 November 2013.

5. The premises are “residential premises” within the meaning of section 3 of the RTA. The Tribunal has jurisdiction to hear and determine the application.

Background

6. The parties entered into the standard form residential tenancy agreement on 19 November 2013 for premises at XXX Virginius Street, Padstow (“the Agreement’).

7. The tenancy was for a period of 6 months commencing on 19 November 2013 and ending on 20 May 2014. The rent was $535.00 per week.

8. An ingoing inspection was carried out on 18 November 2013. The tenants made various…