Ryan v Pan and Zhang [2023] NSWCATCD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ryan v Pan and Zhang [2023] NSWCATCD 40 Hearing dates: 21 March 2023 Date of orders: 22 May 2023 Decision date: 22 May 2023 Jurisdiction: Consumer and Commercial Division Before: C Campbell, General Member Decision: 1. In accordance with s 44(1)(b) of the Act the Tribunal orders the rent is to be reduced as follows: (a) The rent is not to exceed $614 from 28 March 2022 to the 19 April 2022; and (b) The rent is not to exceed $579 per week from 20 April to 2022 to 25 December 2022; and (c) The rent is not to exceed $629 from 26 December 2022 to 27 March 2023. 2. In accordance with s 65 of the Act, the landlord is to undertake the following work in a proper and workman like manner on or before 13 June 2023: (a) Repair the water ingress in the ceilings in both bedrooms (b) Repair the cracked ceilings and walls in both bedrooms (c) Upon completion of the above two work orders, the landlord is to undertake mould removal and treatment and paint the ceilings and walls in both bedrooms. 3. The application for an order pursuant to s 44(1)(a) of the Act is dismissed. 4. In accordance with s 115 of the Act the Tribunal declares the Notice of Termination served by the landlord is retaliatory and is of no effect. Catchwords: Rent reduction – Excessive rent increase – Repairs – Retaliatory notice of termination Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Christopher Ryan (Applicant) Guohong Pan and Zongmin Zhang (Respondents) Representation: Counsel: N/A