Anderson v Fimmano [2023] NSWCATCD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anderson v Fimmano [2023] NSWCATCD 132 Hearing dates: 24 October 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) Pursuant to s 115(1) of the Residential Tenancies Act 2010 (NSW) the Tribunal declares that the termination notice dated 20 June 2023 is of no effect because it is a retaliatory notice. (2) The landlords must cause the carrying out of the following work in a proper and work-person-like manner at their own expense by 24 November 2023: (a) replace the Convection Microwave oven with a Microwave and Convection oven that is capable of heating to 200 degrees (or an alternative agreed upon between the parties), (b) reinstate dimmer switches in the bedroom and living area. (3) The rent payable for the premises was excessive from 25 October 2022 to 24 October 2023 and is not to exceed $423.00 for the period 25 October 2022 to 31 March 2023 and $495.00 for the period 1 April 2023 to 24 October 2023. (4) Order 3 is liquidated. The landlords Vince and Patricia Fimmano must pay the tenant, Ryan Anderson, $2,687.27 immediately. (5) Pursuant to s 187(1)(h) of the Residential Tenancies Act 2010 (NSW) LITTLE Real Estate (Vic & NSW) Pty Ltd t/s LITTLE Rea Estate must immediately comply with ss 36 and 37 of that Act. Specifically, a rent receipt and rent record must record the date the rent payment is received into the Trust Account (not the date of administrative processing or 'clearance'). The paid to date must be calculated from the date of receipt of the payment. (6) The application is otherwise dismissed.