Roberts v Nguyen; Nguyen v Roberts

In Roberts v Nguyen; Nguyen v Roberts, the Residential Tenancy Tribunal of New South Wales addressed two applications related to a dispute between tenants, Roberts, and their landlords, Nguyen. The tenants sought an order under section 115 of the Residential Tenancies Act 2010, arguing that the premises were uninhabitable due to disrepair and pest infestation. The landlords, on the other hand, applied for the termination of the Residential Tenancy Agreement and an order for possession at the end of the fixed term. The court was required to determine whether the tenants' application for an order to deem the premises uninhabitable could be granted and whether the landlords' application for termination of the agreement and possession should be approved.

The Tribunal found that the tenants had not provided sufficient evidence to establish the grounds for an order deeming the premises uninhabitable. The tenants' submissions were not supported by the material evidence presented, and the Tribunal was not satisfied that the required standard of proof had been met. Consequently, the application was dismissed. Regarding the landlords' application, the Tribunal determined that the notice served was valid, and the tenancy was due to expire at the end of the fixed term. The Tribunal ordered the termination of the Residential Tenancy Agreement and possession to be given to the landlords, with the date of termination being 22 August 2023. The order for possession was suspended until 28 August 2023, and the tenants were directed to pay a daily occupation fee of $100 per day from 23 August 2023 until the date of vacant possession. The landlords were also granted the option to request the relisting of the application to determine the amount of the occupation fee owing within 60 days of the date for possession.