Przibilla v Ting; Ting v Przibilla [2022] NSWCATCD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Przibilla v Ting; Ting v Przibilla [2022] NSWCATCD 42 Hearing dates: 25 October 2021 and 20 December 2021 Date of orders: 2 March 2022 [amended 10 March 2022] Decision date: 02 March 2022 Jurisdiction: Consumer and Commercial Division Before: C Campbell, General Member Decision: The Notice of Order issued on 2 March 2022 is amended under Section 63 of the Civil and Administrative Tribunal Act 2013, and should read as follows: 1. In accordance with s 44(1)(b) of the Residential Tenancies Act 2010 the Tribunal orders the rent is not to exceed $470 per week for a twelve month period from 26 October 2020 to 25 October 2021. 2. The landlords Alex Ting and Gay Ting are to pay the tenant Caroline Przibilla the sum of $2,600 immediately which represents the rent reduction for the twelve month period. 3. The tenant is to pay the landlords the sum of $5,828.28 immediately for the following: (a) $8,245.71 for rent arrears of $520 per week owed from 18 July 2021 to 25 October 2021 and occupation fees of $74.28 per day from 26 October 2021 to 05 November 2021;and (b) $182.57 for water usage arrears owed for the period from 09 May 2021 to 05 November 2021; and (c) LESS the credit of $2,600 to be paid by the landlords to the tenant for the rent reduction 4. Rental Bond Services is directed to pay the landlords Alex Ting and Gay Ting the whole of the rental bond number P299678-8, and any amount received is to be credited against the money order. 5. The application is otherwise dismissed Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent arrears — Rent abatement — Rent reduction Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Caroline Przibilla (Applicant and Cross Respondent) Alex Ting and Gay Ting (Respondents and Cross Applicants) Representation: Applicant/Cross Respondent (Self-represented) Respondents/Cross Applicants (Self-represented) File Number(s): RT 21/17765, RT 21/42521, RT 21/36253 Publication restriction: N/A