Dibb v Ferenc-Stojic; Ferenc-Stojic v Dibb [2022] NSWCATCD 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dibb v Ferenc-Stojic; Ferenc-Stojic v Dibb [2022] NSWCATCD 212 Hearing dates: 1 November 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: (1) The tenant is to pay the landlord the sum of $607.85 immediately. (2) Rental Bond Services is directed to pay the landlord the sum of $607.85 of rental bond number P344916-9. Any amount received is to be credited against any money order for payment of money made by the tribunal. Any balance of the bond is to be paid to the tenant. (3) The balance of the cross-application of the tenant is dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rental bonds — Breach of quiet enjoyment — Compensation Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Applicant / Cross-Respondent: Robert Dib, landlord

Respondent / Cross- Applicant: Ivanna Ferenc-Stojic, tenant Representation: Applicant / Cross-Respondent: Mr Arrowsmith, management agent

Respondent / Cross- Applicant: self-represented File Number(s): RT 22/17410; RT 22/22136 Publication restriction: unrestricted

REASONS FOR DECISION

Applications and procedural history 1. On 21 August 2022, in matter RT 22/17410 the landlord applied for an order to be paid the rental bond. In the written reasons supporting the application the landlord sought compensation for a garage remote, damage to lawns, blinds, walls, floors, and three doors as well as rubbish removal. 2. In matter 22/22136, on 19 May 2022, the tenant cross-applied for the following orders: 1. payment of money for $600 (overpaid rent) plus $2400.00 (breach of quiet enjoyment) 2. amend a condition report under section 31 of the Residential Tenancies Act 2010 ("the Act") 3. order for the payment of the rental bond. 1. In her reasons supporting the application the tenant said the landlord came to the premises multiple times without her knowledge or consent. She sought $2400 or one month rent for breach of her quiet enjoyment. 2. RT 22/17410 came before the Tribunal on 24 May 2022. At that hearing it became apparent the tenant had lodged the cross-application in RT 22/22136. The member presiding stated the two matters ought to be heard together. The landlord itemised the claim at the 24 May hearing as follows: 1. garage remote $180.00 2. glass repair $215.00 3. blinds $770.00 4. tipping fee $86.00 5. water usage $97.00 6. electrical charges $330.00 7. clean external windows $715.00 8. lawn repair $413.00. 1. Both matters came before the Tribunal again on 3 August 2022. The matters had not been listed together. The tenant's claim had been set for hearing at 10:45 AM that morning. The landlord's claim had been set for hearing at 1:15 PM on the same day. Neither party appeared on the tenant's claim. At the 1:15 hearing of the landlord's claims the tenant relied on an affidavit of evidence served only on the 2nd of August 2022, one day before the hearing date. The Tribunal adjourned matters and set a longer contested hearing time.