Renda v Ling [2022] NSWCATCD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Renda v Ling [2022] NSWCATCD 33 Hearing dates: 11 March 2022 Date of orders: 18 March 2022 Decision date: 18 March 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The applicants' application for an adjournment of the hearing and an extension of time within which to file further evidence is refused. (2) The rent payable for the residential premises was excessive and is not to exceed 376.00 per week for the period 6 January 2021 to 14 March 2021. (3) The rent payable for the residential premises was excessive and is not to exceed $400.00 per week for the period 15 March 2021 to 29 June 2021. (4) Orders 1 and 2 are liquidated. He Ling must pay Frances Renda, Michela Juva and Mohammad Shami Safi $4,863.44 by 23 March 2021. This amount is to be applied as a credit to the tenants' rent account. (5) The application is otherwise dismissed. Catchwords: LAND LAW: Residential Tenancies Act 2010; claim for reimbursement of cost of urgent repairs; claim that rent increase is not payable because of failure to comply with s 41; claim that rent is excessive due to withdrawal or reduction of goods, services and facilities due to state of disrepair; claim for compensation for landlord's interference with quiet enjoyment PRACTICE & PROCEDURE: application for adjournment and an extension of time in which to file evidence made at final hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Mesiha v Murrell [2017] NSWCATAP 1 Texts Cited: Coronavirus (COVID 19) Temporary Changes to NCAT Operations procedure (18 March 2020 and as subsequently updated) Category: Principal judgment Parties: Frances Renda, Michela Juv & Mohammad Shammi Shafi (Applicants) He Ling (Respondent) Representation: Applicants (Self-represented) STG Property (Property Manager) (Respondent) File Number(s): RT 21/46970 Publication restriction: Nil