Yan v Yan; Yan v Yan

In the matter of Yan v Yan; Yan v Yan, the dispute arose between the landlord, Chenyang Yan, and the tenants, Ziyu Yan, Jiaming Lin, and Liang Wang. The tenants brought a claim against the landlord regarding the management and maintenance of the property, while the landlord sought to terminate the lease and recover compensation for the tenants' breach. The case was heard by the Civil and Administrative Tribunal (NCAT). The tenants argued that the landlord failed to maintain the property in a reasonable state of repair and sought compensation for the breach of their tenancy agreement. Additionally, the tenants claimed that the landlord had not lodged their rental bond with the NSW Fair Trading, and they sought the return of their bond plus interest. The landlord, on the other hand, sought to terminate the lease due to the tenants' alleged abandonment of the property and sought compensation for the breach of the lease agreement.

The Tribunal considered whether the breach of the tenancy agreement was sufficient to justify termination and whether the landlord was obligated to maintain the premises in a reasonable state of repair. The Tribunal also examined whether the landlord had failed to lodge the tenants' rental bond and whether the tenants were entitled to compensation under section 187(1)(d) of the Residential Tenancies Act 2010. The Tribunal found that the tenants had breached the agreement by abandoning the property, but this was not sufficient to justify termination in the circumstances of the case. However, the Tribunal did find that the landlord was obligated to maintain the premises in a reasonable state of repair, and the tenants were entitled to compensation for the breach of this obligation. The Tribunal also found that the landlord had failed to lodge the tenants' rental bond, and the tenants were entitled to the return of their bond plus interest.

The Tribunal ordered that the landlord pay the tenants $2,210.00 in compensation for the breach of the tenancy agreement. The Tribunal also directed Rental Bond Services to pay the tenants the whole bond plus interest of Rental Bond number T558673-1. The Tribunal dismissed the landlord's application for termination and compensation. Failure to comply with the Tribunal's orders may result in enforcement action being taken in the Local or District Court, with additional costs and interest added to the amount payable.