Mazengarb v Sethi [2021] NSWCATCD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mazengarb v Sethi [2021] NSWCATCD 51 Hearing dates: 8 June 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Consumer and Commercial Division Before: P French, General Member

The decision issued on 28 June 2021 is amended pursuant to section 63 of the Civil and Administrative Tribunal Act 2013 and should read as follows: (amendments are shown in bold type) Decision: (1) The rent payable for the premises was excessive by $100.00 per week from 15 August 2020 to 7 December 2020 and must not exceed $450.00 per week during this period. (2) The rent payable for the premises was excessive by $75.00 per week from 8 December 2020 to 19 February 2021 and must not exceed $475.00 per week during this period. (3) The rent payable for the premises was excessive by $50.00 per week from 20 February 2021 to 26 March 2021 and must not exceed $500.00 per week during this period. (4) The landlord, Sameer and Vineeta Sethi, are to pay the tenants, Melinda Mazengarb and Peter McLeod, the sum of $2,685.70 immediately. (5) The application is otherwise dismissed. Catchwords: LEASES AND TENANCIES: Residential Tenancies Act 2010 (NSW) – tenants' claim that rent was excessive due – tenants' claims for compensation for alleged breach by the landlords of the obligation to pass possession of the premises reasonably clean and in a state fit for habitation – compensation claims out of time Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Melinda Mazengarb (First Applicant) Peter McLeod (Second Applicant) Sameer Sethi (First Respondent) Vineeta Sethi (Second Respondent) Representation: File Number(s): RT 21/07107 Publication restriction: Nil