Kutalyova v Weinman [2023] NSWCATCD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kutalyova v Weinman [2023] NSWCATCD 38 Hearing dates: 17 March 2023 Date of orders: 03 May 2023 Decision date: 03 May 2023 Jurisdiction: Consumer and Commercial Division Before: H Woods, Senior Member Decision: The respondents are to pay the applicant the sum of $6,284.63 with 28 days. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent — Excessive rent Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Roberts v NSW Aboriginal Housing Office [2017] NSWCATP 9 Category: Principal judgment Parties: Marina Kutalyova (Applicant) Lisa Weinman and Daniel Weinman (Respondents) Representation: Marina Kutalyova (Self represented) Lisa Weinman and Daniel Weinman (D. Cameron, Agent) File Number(s): RT 22/51746 Publication restriction: Nil

REASONS FOR DECISION

INTRODUCTION 1. The dispute concerns a residential tenancy agreement between the applicant as the tenant and the respondents as the landlords dated 16 June 2022 (the Agreement) in respect of unit 3, 17 Onslow Street Rose Bay, NSW 2029 Rose Bay (the Premises). 2. The Premises are on the first floor of a unit block and contained 3 bedrooms, a combined lounge / living area, kitchen, bathroom, ensuite to bedroom 1 and laundry. Bedroom 1, living room, bedroom 2 and the laundry opened onto balconies. 3. The Agreement started on 27 June 2022 and was to end on 26 December 2022. 4. The tenant however gave notice that she was vacating the premises and then vacated the premises on 21 November 2022 because of the impact of substantial construction work going on at the unit block including the Premises. 5. The tenant appeared for herself. Mr Cameron, of RTDC Pty Ltd t/as Ray White Bondi Junction, the Landlords' agent (the Agent) appeared with leave, for the landlords.