Moroko v Cojay Holdings Pty Ltd [2022] NSWCATCD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moroko v Cojay Holdings Pty Ltd [2022] NSWCATCD 79 Hearing dates: 4 March 2022; final submissions 18 March 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) Clauses 2.1(d) and (e) of the variation to the residential tenancy agreement dated 23 June 2021 are void and of no effect. (2) The rent payable for the premises was excessive for the period 6 April 2021 to 1 March 2022 and must not exceed $770.00 during this period. (3) Cojay Holdings Pty Ltd must pay Daniel Moroko and Joseph Pamment $14,143.00 immediately. Catchwords: LEASES AND TENANCIES: Residential Tenancies Act 2010 (NSW) – tenant's claim that rent was excessive having regard to the reduction or withdrawal, by the landlord of goods, services and facilities provided with the residential premises. LEASES AND TENANCIES: Residential Tenancies Act 2010 (NSW) - prohibited terms – prohibition on contracting out Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Eliezer v Residential Tribunal and Ors [2001] NSWSC 1092 Roberts v Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: Nil Category: Principal judgment Parties: Daniel Moroko (First Applicant Joseph Pamment (Second Applicant) Cojay Holdings Pty Ltd (Respondent) Representation: Daniel Moroko (Self-represented) Ray White Double Bay (Respondent) File Number(s): RT 21/52576 Publication restriction: Nil