Roberts v Nguyen; Nguyen v Roberts [2023] NSWCATCD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v Nguyen; Nguyen v Roberts [2023] NSWCATCD 88 Hearing dates: 13 June 2023 Date of orders: 21 August 2023 Decision date: 21 August 2023 Jurisdiction: Consumer and Commercial Division Before: J Alder, General Member Decision: RT 23/18650 – Tenants' application 1. The application for an order under s 115 of the Residential Tenancies Act 2010, is dismissed because: Having considered the material placed before it, the Tribunal is not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established. RT 23/24131 – Landlords' application 1. The Residential Tenancy Agreement is terminated in accordance with s 84 of the Residential Tenancies Act 2010, as the landlord has served a termination notice for termination at the end of the fixed term. 2. The Residential Tenancy Agreement is terminated immediately and possession is to be given to the landlord on the date of termination. The order for possession is suspended until 28 August 2023. 3.The tenant shall pay the landlord a daily occupation fee at the rate of $100 per day from the day after the date of termination, namely 22 August 2023 until the date vacant possession is given to the landlord. 4. Within 60 days of the date for possession of the premises specified in these orders the landlord may request the relisting of the application to determine the amount of the occupation fee owing. Cases Cited: Hughes v Hume Community Housing Association [2023] NSWCATAP 1 Steinbeck v McDonald [2015] NSWCATAP 90 Category: Principal judgment Parties: Phillip Roberts and Federica Monterumici (applicants/cross respondents) Doan Chinh Nguyen and Thi Tuyet Hang Tran (respondents/cross claimants) Representation: Applicants/cross defendants: self-represented Respondents/cross claimants: represented by Mr Nguyen of Pacific City Real Estate File Number(s): RT 23/18650, RT 23/24131 Publication restriction: Nil