Fathisharghbin v Radford [2023] NSWCATCD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fathisharghbin v Radford [2023] NSWCATCD 123 Hearing dates: 25 July 2023 Date of orders: 13 September 2023 [amended 22 September 2023] Decision date: 13 September 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: Pursuant to section 63 of the Civil and Administrative Tribunal Act 2013, the orders made on 13 September 2023 is amended as follows: (1) The rent payable for the rented premises was excessive and must not exceed $336.00 per week for the period 17 February 2022 to 4 December 2022. (2) The rent payable for the rented premises was excessive and must not exceed $120.00 per week for the period 5 December 2022 to 11 February 2023. (3) Orders 1 and 2 are liquidated. (4) The landlord, Rhonda Radford, must pay the tenants, Seyedmaryam Fathisharghbin Morteza Kabiri, $9,513.28 immediately. Notation: orders (1) and (2) are made pursuant to s 44(1)(b) and orders (3) and (4) are made pursuant to s 188 of the Residential Tenancies Act 2010 (NSW). (5) The landlord, Rhonda Radford, must pay the tenants, Seyedmaryam Fathisharghbin Morteza Kabiri, $5,253.57 immediately. Notation: order (5) is made pursuant to ss 50, 63, 61, 187(1)(d) and 190 of the Residential Tenancies Act 2010 (NSW) and is in addition to order (4). (6) The application is otherwise dismissed.

Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – rights and obligations of landlords and tenants – right to quiet enjoyment – reduction or withdrawal of goods, services and facilities provided with the residential premises – access to premises - damages Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 44, 50, 52, 61, 63, 187, 190 Residential Tenancies Regulation 2019 (NSW), s 40 Cases Cited: Southwark London Borough Council v Tanner [2001] 1 AC 1 Worrall v Commissioner for Housing of ACT 92002) FCAFC 127 Texts Cited: Nil Category: Principal judgment Parties: Seyedmaryam Fathisharghbin (First applicant)