Chang v Wang [2022] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chang v Wang [2022] NSWCATCD 7 Hearing dates: 23 December 2021 Date of orders: 11 February 2022 Decision date: 17 February 2022 Jurisdiction: Consumer and Commercial Division Before: K Timbs, General Member Decision: (1) The tenant, Hannah Chang, is to pay the landlords, Jin Wang and Yidong Lu, $1,300 immediately. (2) Rental Bond Services must pay the landlords $1,300 from Rental Bond number S677167-2 (3) The balance of the rental bond is to be paid to the tenant, Hannah Chang. (4) The amount paid to the landlord in order (2) is to be credited against the amount to be paid to the landlords in order (1). Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Bond —Break lease fee — Were the premises uninhabitable? Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Menashi v Ly [1997] NSWRT 162 De Soleil v Palmhide P/L [2010] CTTT 464 Hughes v De Silva; De Silva v Hughes [2019] NSWCATCD 86 Talbot-Price v Jacobs [2008] NSWCA 189 Texts Cited: Nil Category: Principal judgment Parties: Hannah Chang (Applicant) Jin Jang Wang (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): RT 21/44008 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The tenant, Ms Chang, entered into a residential tenancy agreement with the landlords, Jin Jang Wang and Yidong Lu, on 12 March 2020. The agreement was for residential premises in Ryde for 104 weeks starting 17 March 2020 for weekly rent of $650 (the agreement). The tenants paid a bond of $2,600 and the landlords deposited it with the Rental Bond Board. The bond reference number is S677167-2. 2. Ms Wang gave notice to terminate the tenancy on 14 October 2021 and vacated the premises on 18 October 2021. On 15 October 2021, the landlords made a claim for $2,600 from the rental bond. 3. On 25 October 2021, Ms Chang applied to the Tribunal for an order for the release of the whole of the rental bond plus interest. 4. The Tribunal heard the application on 23 December 2021. The tenant appeared in person and Ms Mostronardo, licensed real estate agent, represented the landlords.