Whiteside v Mallett Street Pty Limited

In the matter of Whiteside v Mallett Street Pty Limited, the dispute arose from the assertion by the tenants, Samuel Whiteside and Philippa Velhinho, that the rent they were being charged for their residence was excessive due to the landlord withdrawing or reducing goods, services, and facilities provided with the premises. The matter was brought before the New South Wales Civil and Administrative Tribunal under the Residential Tenancies Act 2010 (NSW). The tenants argued that the landlord had issued termination notices in retaliation for their complaints about the excessive rent and the poor condition of the property.

The legal issues before the Tribunal involved determining whether the rent charged was excessive and whether the termination notices were retaliatory. The Tribunal had to examine whether the withdrawal or reduction of goods, services, and facilities had resulted in the rent being set at a level that was higher than the fair market value. Additionally, the Tribunal needed to decide if the termination notices were issued in response to the tenants' complaints, thereby rendering them invalid under the Act.

The Tribunal found that the rent had indeed been excessive for the periods specified, as the landlord had reduced the provision of certain services without a corresponding reduction in rent. The Tribunal determined that the termination notices were retaliatory because they were issued in direct response to the tenants' complaints about the excessive rent and the condition of the property. As a result, the Tribunal declared the termination notices to be of no effect. The Tribunal also ordered that the landlord must pay the tenants a total of $12,370.00, representing the overcharged rent, and set a cap on the rent for future periods.

The Tribunal's orders included declaring the termination notices invalid, setting a maximum allowable rent, and requiring the landlord to pay the tenants the amount they had been overcharged. The Tribunal dismissed the application in all other respects.