Ramjan v Tang [2022] NSWCATCD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ramjan v Tang [2022] NSWCATCD 98 Hearing dates: 20 June 2022 Date of orders: 20 and 29 June 2022 Decision date: 30 June 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: Orders made on 20 June 2022: (1) The respondent, Davinia Elaine Tang, is to cause the undertaking of the following work in a proper and workmanlike manner on or before 11 July 2022: Details of Work order: (a) engage a mould expert to remove mould from the apartment and treat the apartment to prevent mould regrowth; (b) remove and replace the bedroom carpet and its underlay with an equivalent quality carpet and underlay; (c) replace the bedroom blinds (4) with blinds of an equivalent quality; (d) repair and repaint the hallway wall where a hole has been cut during a water leak investigation; (e) upon completion of items (a) to (d) provide a general clean of the apartment to remove dust, detritus and marks caused by the water ingress, contractor attendances at the premises, and remedial works. Orders made on 28 June 2022: (2) The rent payable for the residential premises is excessive and is not to exceed $325.00 per week from 23 February 2022 until order (1) of these orders has been complied with or 22 February 2023 whichever occurs first. (3) Order (2) is liquidated up to the date of the hearing. The landlord, Davinia Elaine Tang, must pay the tenants, Rosemarie Ramjan and Mitchell Gilmour, $4,135.70 immediately. (4) The amount specified in order (3) is to be applied as a credit to the tenants' rent account. A money order is not to issue in relation to order (3). (5) The landlord, Davinia Elaine Tang, must pay the tenants, Rosemarie Ramjan and Mitchell Gilmour, $2,600.00 immediately. A money order may issue in relation to this order. (6) The tenants' application for an order pursuant to s 65(5) of the Residential Tenancies Act 2010 that rent be paid to the Tribunal until order (1) is complied with is refused. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – rights and obligations of landlords and tenants – maintenance of premises in a reasonable state of repair LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – remedies – order for repair - excessive rent order – compensation for disappointment and distress Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Austin v Bonney [1999] QCA 8 Campbell v Eastern Zone Aboriginal Housing and Community Association [1998] NSWRT Makowska v St George Community Housing Ltd [2021] NSWSC 287 Northern Sandblasting P/L v Harris (1997) 188 CLR 313 Roberts v Aboriginal Housing Office [2017] NSWCATAP 9 Southwark London Borough Council v Tanner [2001] 1 AC 1 Worrall v Commissioner for Housing ACT [2002] FCAFC 127 Texts Cited: Nil Category: Principal judgment Parties: Rosemarie Ramjan (First Applicant) Mitchell Gilmour (Second Applicant) Davinia Elaine Tang (Respondent) Representation: Applicants (Self-represented) S Pope (Respondent) File Number(s): RT 22/13501 Publication restriction: Nil