McCracken v Carbone [2022] NSWCATCD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCracken v Carbone [2022] NSWCATCD 107 Hearing dates: 25 March 2022 Date of orders: 27June 2022 Decision date: 27 June 2022 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: 1. The application in RT22/04850 is dismissed. 2. In application RT22/09776, the rent shall not exceed $350 per week from 13 April 2022 to 13 April 2023. Catchwords: LEASES AND TENANCIES – Rent increase – Fair rent – Comparable premises - Retaliatory termination notice Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Baltov v Casaceli [2021] NSWCATCD 91 De Bruyne v Ray White Waterford [2020] QCATA 113 Howard v B Miles Womens Foundation Inc [2012] NSWSC 1173 Nulla Nulla Aboriginal Land Council v Lucas [2013] NSWCTTT 219 Texts Cited: Nil Category: Principal judgment Parties: Timothy McCracken (Applicant) Guiseppe Carbone (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): RT22/04850 and RT22/09776 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. The applicant is the tenant of residential premises owned by the respondent who is the landlord of the premises. 2. The applicant has lodged two applications with the Tribunal against the respondent. 3. The first application was lodged on 4 February 2022 and has been allocated file number RT22/04850. In this application, the applicant seeks an order under s 115 of the Residential Tenancies Act 2010 (NSW) (RTA) that a termination notice issued by the respondent has no effect because it is a retaliatory notice (the Section 115 Application). 4. The second application was lodged on 4 March 2022 and has been allocated file number RT22/09776. In this application, the applicant seeks an order under s 44 of the RTA that a rent increase is excessive (the Section 44 Application). 5. Both Applications were listed for hearing on 25 March 2022 and were heard together on that date. 6. At the hearing on 25 March 2022, both parties appeared without legal representation. 7. The hearing on 25 March 2022 proceeded by telephone. At the hearing each party was given an opportunity to present their evidence, ask questions of the other party and make submissions. 8. The dispute between the applicant and respondent arises from their relationship as the tenant and landlord respectively under a residential tenancy agreement governed by the RTA. The Tribunal therefore has jurisdiction to hear and determine the matter pursuant to the powers granted to it under the RTA in respect of residential tenancy agreements.