Windfeld v Ho

Windfeld brought proceedings against Ho seeking an order for the reduction of rent charged for a residential tenancy under the Residential Tenancies Act 2010 (NSW). The dispute arose from the respondent's alleged excessive rent charges. The matter was heard by the Civil and Administrative Tribunal of New South Wales. The primary legal issues for the tribunal to determine were whether the rent charged by Ho was excessive and if so, the appropriate level of rent to be set. Additionally, the tribunal needed to decide if Windfeld was entitled to any compensation for the overpayment of rent.

The tribunal considered the evidence provided by both parties and determined that Ho had indeed charged excessive rent during certain periods. Specifically, the tribunal found that the rent was excessive for the period 9 November 2018 to 3 September 2019 and for the period 19 October 2018 to 2 November 2018. The tribunal set the appropriate weekly rent for these periods at $1,178 and $1,000, respectively. The tribunal also found that Windfeld was entitled to compensation for the overpaid rent during the specified periods. The tribunal ordered Ho to pay Windfeld $3,380 within 14 days as compensation for the overpaid rent. The balance of the claim was dismissed.

The tribunal amended the Notice of Order issued on 3 February 2020 to reflect the new determinations. The amended order included the specified weekly rent for the identified periods, the compensation payable by Ho to Windfeld, and the dismissal of the balance of the claim. The tribunal's decision was based on the evidence presented and the provisions of the Residential Tenancies Act 2010 (NSW).