David v Langman [2021] NSWCATAP 360

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: David v Langman [2021] NSWCATAP 360 Hearing dates: 14 October 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member A Lo Surdo SC, Senior Member Decision: 1. The appeal in relation to the bond is dismissed. 2. The appeal in relation to the award of compensation in the sum of $15,000 is upheld. 3. Order 1 made by the Tribunal on 20 July 2021 is set aside. 4. The matter is remitted to the Tribunal as originally constituted to determine the following matters in accordance with these reasons: (a) whether the appellants breached the residential tenancy agreement; (b) if so, the amount of compensation to be paid by the appellants to the respondents; (c) any outstanding rent and water usage charges owed to the appellants by the respondents; (d) the respondents' claim for excessive rent pursuant to s 44(1)(b) of the Residential Tenancies Act 2010 (NSW). Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – procedural fairness — failure to give reasons — adequacy of reasons – necessity to identify cause of action and provide reasons explaining why the Tribunal considered each element of the cause of action had been established LEASES AND TENANCIES – obligation to pay rent generally independent of the landlord's obligations – tenants not permitted to unilaterally withhold rent because of breach of tenancy agreement by landlord Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(4) Residential Tenancies Act 2010 (NSW), ss 44(1)(b), 50, 60, 187(1)(d), 187(4)(a), 190(1) Residential Tenancies Regulation 2019 (NSW), rr 39(9), 40 Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Moloney v Taylor [2016] NSWCA 199 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Seymour v Wu [2021] NSWCATAP 289 Texts Cited: Butt P, Land Law, 6th ed., Lawbook Co, 2010 Category: Principal judgment Parties: Rachel Iris David (First Appellant) Daniel David (Second Appellant) Peter John Tatnall Langman (First Respondent) Erin Yanco (Second Respondent) Representation: Ralph David on behalf of the Appellants First respondent in person and on behalf of the Second Respondent File Number(s): 2021/00216344 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 20 July 2021 Before: F Holles, General Member File Number(s): RT 21/13112