Ramjan v Tang

In the case of Ramjan v Tang, the applicant tenants, Rosemarie Ramjan and Mitchell Gilmour, sought relief from the Residential Tenancies Tribunal in respect of a rental property owned by the respondent, Davinia Elaine Tang. The tenants claimed that the property was not maintained in a reasonable state of repair, and that the rent was excessive. The Tribunal was required to determine whether the landlord had breached the Residential Tenancies Act 2010 (NSW) and, if so, what remedies were appropriate.

The central legal issues before the Tribunal were whether the landlord had failed to maintain the premises in a reasonable state of repair and whether the rent charged was excessive. The Tribunal found that the landlord had breached the Act by failing to maintain the property in a reasonable state of repair, particularly in relation to mould remediation, carpet replacement, and repairs to the hallway. The Tribunal also found that the rent was excessive, setting a new weekly rent of $325.00, effective from 23 February 2022. The Tribunal ordered the landlord to undertake specific remedial works, including engaging a mould expert, replacing the bedroom carpet, repairing the hallway, and providing a general clean of the premises.

In making its orders, the Tribunal considered the evidence presented by both parties and the obligations of landlords and tenants under the Act. The Tribunal found that the landlord had not fulfilled her obligations to maintain the premises, and that the tenants had suffered disappointment and distress as a result. The Tribunal ordered the landlord to undertake the specified remedial works and to pay compensation to the tenants for the excessive rent charged. The Tribunal also ordered the landlord to pay an immediate sum of $2,600.00 to the tenants, with the option for the tenants to issue a money order if the payment was not made. The Tribunal refused the tenants' application for an order that rent be paid to the Tribunal until the remedial works were completed.