Beardsell v Bailey; Bailey v Beardsell [2023] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beardsell v Bailey; Bailey v Beardsell [2023] NSWCATCD 9 Hearing dates: 16 January 2023 Date of orders: 30 January 2023 Decision date: 30 January 2023 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: (1) The tenants' application is dismissed. (2) The landlord's cross-application is dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Termination — By tenant Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: First Applicant: Belinda Beardsell

Second Applicant: Harley Beardsell

Respondent: Han Bailey Representation: Parties self-represented File Number(s): RT 22/45331; RT 22/47706 Publication restriction: unrestricted

REASONS FOR DECISION

Applications and procedural history 1. On 12 October 2022, the applicant tenants applied for an order that they be paid the sum of $7,780.00 by the landlord. They itemised the claim as: 1. removalist costs $1,150.00 2. cleaning $550.00 3. two weeks rent as unable to live at the premises $1,080.00 4. compensation for damaged goods including furniture, clothes and children's toys $5,000.00. 1. The matter came before the Tribunal for conciliation hearing on 26 October 2022. In directions made at that hearing the respondent landlord was given the opportunity to lodge a cross-application. At that conciliation, tenants indicated to the Tribunal that they were seeking compensation for the landlord's failure to repair a mould issue at the property. Tenants alleged the property had become uninhabitable. 2. On 26 October 2022, the landlord lodged the cross-application for compensation. She asserted premises were not uninhabitable or riddled with mould as alleged by the tenants. Consequently, the termination notice issued by the tenants for alleged breach of the agreement by the landlord was invalid and tenants ought to pay compensation for terminating without proper notice.