Parker v Lowe [2022] NSWCATCD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Parker v Lowe [2022] NSWCATCD 183 Hearing dates: 28 June 2022 and 20 July 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The rent payable for the residential premises was excessive and shall not exceed $440.00 per week on and from 12 February 2021 to 25 April 2021. (2) The rent payable for the residential premises was excessive and shall not exceed $384.00 per week on and from 26 April 2021 to 11 February 2022. (3) Orders (1) and (2) are liquidated. (4) The landlords, Robyne and David Lowe, are to pay the tenant, Kieran Parker, $7,651.71 immediately, being: (i) Liquidation of orders (1) and (2): $5,151.71, and (ii) Compensation for distress and disappointment: $2,500.00. (5) The landlords must at their own expense cause the following work to be carried out in a proper and trade-person-like manner before 31 October 2022: (i) Replace the vinyl floor coverings in the rented premises with at least equivalent new floor coverings. (ii) Replace the bedroom wardrobe with an at least equivalent new wardrobe. (6) The application is otherwise dismissed. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – rights and obligations of tenants and landlords – whether rent is excessive due the reduction or withdrawal of goods, services, and facilities by the landlord Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 41 Residential Tenancies Act 2010 (NSW) – ss 44, 63, 65, 187, 190 Residential Tenancies Regulation 2019 (NSW) – r 40 Cases Cited: Eliezer v Residential Tribunal and Ors [2001] NSWSC 1092 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Makowska v St George Community Housing Ltd [2021] NSWSC 287 Roberts v Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: Nil Category: Principal judgment Parties: Kieran Parker (Applicant) Robyne Lowe (First respondent) David Low (Second respondent) Representation: Kieran Parker (Self-represented) Inton Chandra, Property Manager (First and Second respondents) File Number(s): RT 22/14801 Publication restriction: Nil