Wakefield v Humayun; Humayun v Wakefield [2022] NSWCATCD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wakefield v Humayun; Humayun v Wakefield [2022] NSWCATCD 16 Hearing dates: 13 August 2021, 2 September 2021 and 14 October 2021 Date of orders: 13 January 2022 Decision date: 13 January 2022 Jurisdiction: Consumer and Commercial Division Before: Steven Bliim, General Member Decision: The landlord is to pay the tenant the sum of $210.07 within 14 days of the date of these orders. Catchwords: RESIDENTIAL TENANCY – Withdrawal or reduction of facilities – Excessive rent – Compensation for damage – Rent arrears – End of tenancy damages Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Leonard Wakefield (Applicant/Cross-respondent) Salik Humayun (Respondent/Cross-applicant) Representation: E Smith (Tenant's Advocate) (Applicant/Cross-respondent) File Number(s): RT 21/20260 and RT 21/24310 Publication restriction: Nil

REASONS FOR DECISION

The Claims and the Hearing 1. The initial claim by the Tenant (21/20260) was for compensation for persistent breaches of ss.52 and 63 of the Residential Tenancies Act, 2010 (the Act) and repayment of the rental bond pursuant to s.175 of the Act. 2. The Tenant claims $2,000.00 for compensation for repairs not done by the Landlord, $760.00 economic loss and the rental bond of $1,480.00. 3. The Landlord claims (21/24310) end of tenancy damages of $3,864 made up as follows: 1. Damage to walls and doors $1,500.00; 2. Oven cleaning $338.00 3. House cleaning $300.00 4. Cooktop replacement $768.00 5. Water usage $138.00 6. Rent arrears $820.00 1. Both claims were listed for hearing together. 2. The claims were first listed for telephone hearing on 13 August 2021. Ms Smith appeared on behalf of the Tenant by telephone. The Tenant's bundle of evidence received in the Tribunal on 25 May 2021 was admitted into evidence and marked as Exhibit A. The Tenant's Statutory Declaration dated 12 July 2021 and the Statutory Declaration of Wendy O'Loughlin dated 24 June 2021 and received in the Tribunal on 29 July 2021 were admitted into evidence and marked as Exhibit B. 3. The Landlord appeared by telephone. The Landlord's documents received in the Tribunal on 2 August 2021 were admitted into evidence and marked as Exhibit C. 4. The claims were part heard and resumed on 2 September 2021. 5. During the hearing on 2 September 2021 it became apparent that the Tenant had not received a full copy of Exhibit C. The matter was adjourned to allow the Tenant to be provided with a full copy of Exhibit C. 6. The hearing resumed on 14 October 2021. The documents previously marked as Exhibit C were replaced with another document which was marked as New Exhibit C. 7. The Tenant's representative objected to a number of additional pages which were included in New Exhibit C. Those pages were not allowed and were ruled through. 8. On 14 October 2021 the evidence was completed and the decisions in both matters were reserved with directions for filing of written submissions. 9. The submissions of the Tenant were received in the Tribunal on 29 October 2021. 10. The submissions of the Landlord were received in the Tribunal on 11 November 2021.