Schokman v Link Wentworth Housing Ltd [2021] NSWCATAP 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Schokman v Link Wentworth Housing Ltd [2021] NSWCATAP 203 Hearing dates: 28 June 2021 Date of orders: 07 July 2021 Decision date: 07 July 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Goldstein, Senior Member Decision: (1) The name of the respondent is amended to Link Wentworth Housing Limited. (2) Leave to appeal granted. (3) Appeal allowed. (4) Orders (1) to (5) in matter SH 21/02037 vacated and in lieu thereof order: (a) the appellant to pay the respondent rental arrears of $4,327.92 for rent owed for the period from 26 October to 15 April 2021 on or before 18 August 2021; (b) the appellant to pay the respondent rental arrears of $101.82 for water usage owed for the period from 26 October to 15 April 2021 on or before 18 August 2021; (c) the appellant to pay the respondent rent, presently $358.28 per fortnight, next payment due on 12 July 2021, and once the arrears are paid in full, to pay rent in accordance with the residential tenancy agreement; (d) the appellant to pay the respondent water usage, presently $7.44 per fortnight, next payment due on 12 July 2021, and once the arrears are paid in full, to pay water usage in accordance with the residential tenancy agreement; (e) if the orders in respect of rent and water are not complied with than at any time before 7 October 2021 the respondent may request the listing of the application to determine whether the tenancy should be terminated before the Tribunal. Catchwords: LEASES AND TENANCIES — identity of landlord — effect of concurrent leases under s 13A of Housing Act 2001 (NSW) — where rent paid in error to incorrect landlord Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 81 Housing Act 2001 (NSW), s 13A Cases Cited: Commissioner of Police v DYD [2020] NSWCATAP 224 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Reisner v Bridge Housing Limited [2019] NSWCATAP 109 Trust Co of Australia v Chief Commissioner of State Revenue [2006] NSWSC 792 Texts Cited: None cited Category: Principal judgment Parties: Maurice Schokman (Appellant) Link Wentworth Housing Limited (Respondent) Representation: Solicitors: Appellant (self-represented) N Cureton (Respondent) File Number(s): 2021/00118009 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 15 April 2021 Before: E Sarofim, Member File Number(s): SH 21/02037