Morsi v Wang

Morsi v Wang is a case heard in the NSW Civil and Administrative Tribunal, concerning a dispute between Husam Morsi and Eman Mohamed, the tenants, and Susan Wang, the landlord, regarding the excessive rent charged for their residential premises. The tenants argued that the rent was excessive due to a reduction in the goods, services, and facilities provided with the premises. The landlord disputed this claim, arguing that the rent was fair and reasonable.

The primary legal issue for the Tribunal was whether the rent charged by the landlord was excessive under section 114 of the Residential Tenancies Act 2010 (NSW). The Tribunal needed to determine whether the tenants' argument about the reduction in goods, services, and facilities was valid and whether this warranted a reduction in the rent charged. The Tribunal also had to consider whether the landlord's evidence about the fair and reasonable nature of the rent was credible.

In its decision, the Tribunal found that the tenants' arguments were valid and that the landlord had indeed charged excessive rent due to a reduction in the goods, services, and facilities provided with the premises. The Tribunal noted that the landlord had failed to provide evidence to support her claim that the rent was fair and reasonable. The Tribunal also found that the landlord had not taken reasonable steps to mitigate the excessive rent charged. As a result, the Tribunal ordered that the rent payable for the premises was excessive from 22 July 2022 to 21 July 2023 and set the maximum rent that could be charged during this period. The Tribunal also ordered that the landlord pay the tenants $8,421.40 immediately as compensation for the excessive rent charged.

The Tribunal dismissed the landlord's application and ordered that the landlord pay the tenants $8,421.40 immediately as compensation for the excessive rent charged. The Tribunal also ordered that the maximum rent that could be charged for the premises during the relevant period was $340.00 per week from 22 July 2022 to 16 February 2023 and $400.00 per week from 17 February 2023 to 21 July 2023. The Tribunal noted that this order was liquidated and that the landlord must pay the tenants immediately. The Tribunal did not make any further orders in relation to the dispute.