Zhu v Aspinall [2020] NSWCATAP 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhu v Aspinall [2020] NSWCATAP 226 Hearing dates: 15 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J Kearney, Senior Member Decision: (1) Leave is granted to the appellant to amend her Notice of Appeal to appeal: (a) the orders made 24 September 2020 (erroneously dated 30 September 2020) in application RT 20/19086 regarding the occupation fee; and (b) the orders made 24 September 2020 in application RT 20/37870 in respect of the bond. (2) Leave to appeal is granted in respect of the decision concerning whether the appellant was an impacted tenant within the meaning of the Residential Tenancy Act 2010 (NSW) and in respect of the amount ordered to be paid for unpaid rent as at 9 July 2020. (3) The appeal is allowed in part. (4) Orders 1-5 inclusive made in RT 20/19086 on 9 July 2020 are set aside and the application for termination of the residential tenancy agreement is dismissed. (5) The amount in Order 6 made on 9 July 2020 in application RT 20/19086 is varied from $15,000.00 to $13,242.72. (6) Order 1 made 24 September 2020 (erroneously recorded as 30 September) in application RT 20/19086 requiring the tenant to pay the landlord an occupation fee of $5,400.00 is set aside. (7) The order made on 23 September 2020 in application RT 20/37870 is varied as follows: "The Tribunal directs that the bond in respect of residential tenancy agreement which has been released to the landlord be offset against the order for payment of rent provided in Order 5 above". Catchwords: LAND LAW – Residential tenancy dispute – termination for non-payment of rent – COVID-19 pandemic – legislation prohibiting issue of termination notice or making application to Tribunal where tenant impacted by pandemic – challenge to findings concerning whether tenant was an impacted tenant and consequential orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Wei (Vivian) Zhu (Appellant) Annabelle Aspinall (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 20/31078 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 9 July 2020, 24 September 2020 Before: G Bassett, General Member, P French, General Member File Number(s): RT 20/19086; RT 20/37870