Evans v Jayandan [2023] NSWCATCD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Evans v Jayandan [2023] NSWCATCD 129 Hearing dates: 14 September 2023 Date of orders: 30 October 2023 Decision date: 30 October 2023 Jurisdiction: Consumer and Commercial Division Before: R Alkadamani, Senior Member Decision: 1. Declare pursuant to section 115 of the Residential Tenancies Act 2010 that the notice of termination dated 30 March 2023 served on the applicant by or on behalf of the respondents was a retaliatory notice and that it is of no effect. 2. Order pursuant to section 44(1)(b) of the Residential Tenancies Act 2010 that the rent for the period from 1 April 2023 until 30 October 2023 not exceed $374.00 per week. 3. Order that the respondents pay the applicant within 7 days the sum of $1,000.00 in respect of the contravention of section 50 of the Residential Tenancies Act, 2010. 4. Order that within 28 days the respondents engage suitably qualified builders, tradesperson or such other persons as may be required to assess the awning over the porch of the Premises and carry out any necessary repairs within 42 days thereafter. 5. Order that the respondents within 42 days undertake the painting of the premises the subject of the residential tenancy agreement between the parties as ordered by the Tribunal on 16 March 2023. 6. Order that the respondents within 42 days complete the mould treatment including the application of mould inhibiting product onto affected surfaces in the Premises. 7. Otherwise dismiss the application. Catchwords: RESIDENTIAL TENANCY – notice of termination – whether retaliatory notice – whether notice should be set aside RESIDENTIAL TENANCY – excessive rent - withdrawal of amenities or facilities provided with residential premises RESIDENTIAL TENANCY – consent to sub-let – whether consent unreasonably withheld Legislation Cited: Residential Tenancies Act, 2010 (NSW), ss 43-45, 50, 74-75, 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: Wendy Evans, applicant Thayanee Jayandan, first respondent Jeyarajah Jayandan, second respondent Representation: Wendy Evans – self represented Thayanee Jayandan – self represented Jeyarajah Jayandan – self represented File Number(s): RT 23/19033 Publication restriction: None