Yassine v Saeed; Saeed v Yassine

In the matter of Yassine v Saeed; Saeed v Yassine, the dispute arose from a residential tenancy under the Residential Tenancies Act 2010 (NSW). Billal Yassine, the tenant, claimed compensation for the landlord, Tariq Saeed’s, alleged failure to maintain the premises in a reasonable state of repair. Saeed, on the other hand, sought compensation for what he claimed were breaches by the tenant, including failure to leave the premises reasonably clean and the lawns and gardens in a condition similar to when the tenancy began. Additionally, Saeed claimed the rent was excessive given the reduction or withdrawal of goods, services, and facilities provided with the premises.

The primary legal issues the court needed to address were whether Saeed had breached his statutory duty to maintain the premises in a reasonable state of repair, whether Yassine had breached his duty to leave the premises reasonably clean and to maintain the lawns and gardens, and whether the rent charged was excessive. The court had to interpret the statutory obligations under the Residential Tenancies Act 2010 (NSW) and apply these to the facts presented.

The court found that Yassine’s claim for compensation for the landlord's alleged breach of duty to maintain the premises was not substantiated. Conversely, the court found that Yassine had breached his duty by failing to leave the premises reasonably clean and failing to maintain the lawns and gardens. The court also found that the rent charged was not excessive given the conditions of the premises and the services provided. Consequently, the court dismissed all claims and counter-claims except for the counterclaim for arrears of rent. The court ordered that Yassine must pay Saeed $951.00 immediately.