Ross v Key Depold [2023] NSWCATCD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ross v Key Depold [2023] NSWCATCD 55 Hearing dates: 11 April 2023 Date of orders: 11 April 2023 Decision date: 11 April 2023 Jurisdiction: Consumer and Commercial Division Before: P Zammit, General Member Decision: The application is dismissed. Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Katherine Ross (applicant) Melissa Key Depold (respondent) File Number(s): RT 22/48186 Publication restriction: NIL

REASONS FOR DECISION 1. This matter involves an application by Katherine Ross (the tenant) filed on 29 October 2022 for various orders. The orders sought were amended by the Tribunal on 24 February 2023 to be an order pursuant to section 44(1)(b) of the Residential Tenancies Act 2010 ("the Act") for Melissa Key Depold (the landlord) to repay rent in circumstances where the rent was excessive due to a withdrawal or reduction of services. The tenant seeks a 25% rent reduction for the period of the tenancy.

Background 1. The dispute arises from a residential tenancy agreement that was made on 26 July 2022. The term of the tenancy is 12 months from 26 July 2022 to 25 July 2023.

Jurisdiction 1. In this case I am satisfied on the evidence before me that the agreement between the parties is a residential tenancy agreement to which the Act applies.

Applicable law 1. Pursuant to section 44(1)(b) of the Act the Tribunal may on application of a tenant make an order that the rent payable under an existing residential tenancy agreement is excessive, having regard to the reduction or withdrawal by the landlord of any goods or services or facilities provided with the residential premises.