O'Brien v Carlo-Stella

In the matter of O'Brien v Carlo-Stella, the tenants brought proceedings against their landlord for excessive rent and failure to perform their duty to repair. The dispute was heard by the NSW Civil and Administrative Tribunal (NCAT). The tenants argued that the rent was excessive under Section 44(1)(b) of the Residential Tenancies Act 2010 (NSW) and that the landlord had failed to perform their duty to repair under Section 43 of the Act. They sought a reduction in rent and reimbursement of expenses incurred in carrying out repairs.

The legal issues before the Tribunal were whether the rent charged was excessive and whether the landlord had failed to perform their duty to repair. In determining whether the rent was excessive, the Tribunal considered the market value of the property, the terms of the lease, and any relevant evidence provided by the parties. The Tribunal also considered whether the landlord had failed to perform their duty to repair, taking into account any evidence of the landlord's knowledge of the need for repairs and their response to the tenants' requests for repairs.

The Tribunal found that the rent charged was excessive from 26 June 2020 to 15 November 2020 and from 12 July 2021 to 22 October 2021, and ordered that the landlord reduce the rent by $100 per week and $250 per week respectively during those periods. The Tribunal also found that the landlord had failed to perform their duty to repair and ordered the landlord to pay the tenants $5,614.44 on or before 21 February 2021. The Tribunal made these orders under Section 44(1)(b) and Section 43 of the Act respectively.