Makowska v St George Community Housing [2022] NSWCATCD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Makowska v St George Community Housing [2022] NSWCATCD 69 Hearing dates: 11 February 2022 Date of orders: 05 April 2022 Decision date: 05 April 2022 Jurisdiction: Consumer and Commercial Division Before: K George, General Member Decision: (1) The rent shall not exceed $159.24 from 1 April 2020 to 3 January 2021. (2) The rent shall not exceed $301.52 from 4 January 2021 to 31 March 2021. (3) Any overpaid rent over that period is to be paid as a rent credit to the tenant's account. (4) On or before 3 June 2022 the landlord is to remediate the lawn in the common area of the premises in a proper and workmanlike manner. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Excessive rent — Section 44(1)(b) — Duty of landlord to repair — Rent reduction Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Capponi v Bridge Housing Limited [2021] NSWCATCD 1 Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Northern Sandblasting Pty Ltd v Harris (1997) 146 ALJR 254 Texts Cited: Anforth et al, Residential Tenancies Law and Practice, 7th edition, 2017 Category: Principal judgment Parties: Zofia Makowska (Applicant) St George Community Housing (Respondent) Representation: Applicant (Self-represented) K Cordero (Respondent) File Number(s): SH 21/48098 Publication restriction: Nil