Rathore v Fraietta; Fraietta v Rathore [2023] NSWCATCD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rathore v Fraietta; Fraietta v Rathore [2023] NSWCATCD 51 Hearing dates: 17 February 2022 Date of orders: 06 April 2023 Decision date: 06 April 2023 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: (1) The tenants, Lui Fraietta and Tracey Fraietta, are to pay the landlords, Amer Rathore and Nazish Rathore, the sum of $3,369.71 immediately. (2) The Rental Bond Services is directed to pay the landlords, Amer Rathore and Nazish Rathore, the whole bond plus interest of Rental Bond number S723367-2. Any amount received is to be credited against the money order. (3) The tenants' cross-application is dismissed. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rental bonds — compensation Legislation Cited: Residential Tenancies Act 2010 - Section 47, 175, 187 Category: Principal judgment Parties: First Applicant / Cross-respondent: Amer Rathore (landlord)

Second Applicant / Cross-respondent: Nazish Rathore

First Respondent / Cross-applicant: Lui Fraietta

Second Respondent / Cross-applicant: Tracey Fraietta Representation: Applicants: Mr Goktas, real estate agent

Respondents: Tracey Fraietta File Number(s): RT 22/45391; RT 22/50670 Publication restriction: unrestricted

REASONS FOR DECISION

Applications and procedural history 1. On 12 October 2022, the landlords applied for an order to be paid the sum of $3,979.00 under sections 187(c) and 187(d) of the Residential Tenancies Act 2010 ("the Act"). They also sought an order regarding the payment of a rental bond under section 175. 2. At the conciliation of that matter on 2 November 2022, the member presiding allowed the tenants to lodge a cross-application on or before 9 November 2022. 3. On 14 November 2022, the tenants applied for an order under section 47 of the Act for a payment of rent or other payments made by the tenants under the residential tenancy agreement. In their written reasons for the application, the tenants alleged the landlord had refused to maintain the property and ensure the premises were safe and secure. They sought: 1. $1,460.00 for refund of rent paid between 1 January 2021 and 21 May 2021 for alleged failure to repair a side gate 2. $4,643.25 for rent paid between 21 May 2021 to 4 March 2022, side gate not repaired and smoke alarms not tested or batteries replaced 3. $1,359 for rent paid between 4 March 2022 and 24 May 2022 as property not secured (back sliding windows, smoke alarms. Not tested and dangerous spider infestation 4. $2,133.00 for rent between 25 May 2022 and 29 September 2022, the property not secured, smoke alarms not tested and dangerous spider infestations.