Warland v Huang [2023] NSWCATCD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Warland v Huang [2023] NSWCATCD 115 Hearing dates: 14 September 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Consumer and Commercial Division Before: R Alkadamani, Senior Member Decision: 1. Order pursuant to section 41 of the Civil and Administrative Tribunal Act 2013 that the time for the filing the application be extended to 28 April 2023. 2. Order pursuant to section 44(1)(b) of the Residential Tenancies Act 2010 that the rent for the period from 15 October 2022 until 15 October 2023 not exceed $200.00 per week. 3. Order that the respondent pay the applicant within 7 days the sum of $760.00, being the amount referrable to the excessive rent referred to in order 1 above paid by the applicant for the period 15 October 2022 to 11 November 2022. 4. Order that the respondent pay the applicant within 7 days the sum of $1,500.00 in respect of the contravention of section 50 of the Residential Tenancies Act, 2010. 5. Otherwise dismiss the application. Catchwords: RESIDENTIAL TENANCY – notice of termination – whether retaliatory notice RESIDENTIAL TENANCY – excessive rent - withdrawal by landlord of part of the facilities provided with residential premises Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW), s. 41 Residential Tenancies Act, 2010 (NSW), ss 43-45, 50, 115 Cases Cited: Jeyarajah v Evans [2023] NSWCATAP 247 Pan v Malveholm [2021] NSWCATAP 101 Parker v Lowe [2022] NSWCATCD183 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: None Category: Principal judgment Parties: Jeffrey Warland, applicant Zheng Huang, respondent Representation: Mr Warland - applicant Mr Lee - respondent File Number(s): RT 23/19681 Publication restriction: None