Morsi v Wang [2023] NSWCATCD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morsi v Wang [2023] NSWCATCD 133 Hearing dates: 10 October 2023; 14 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The rent payable for the premises was excessive from 22 July 2022 to 21 July 2023 and is not to exceed $340.00 for the period 22 July 2022 to 16 February 2023 and $400.00 per week for the period 17 February 2023 to 21 July 2023. (2) Order 1 is liquidated. The landlord, Susan Wang, must pay the tenants Husam Morsi and Eman Mohamed $8,421.40 immediately. (3) The application is otherwise dismissed.

Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – excessive rent due to withdrawal or reduction in goods, services and facilities provided with residential premises Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 44, 63, 81 Cases Cited: De Soleil v Palmhide P/L [2010] NSWCTTT 464 Proudfoot v Hart (1890) 25 QBD 42 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Texts Cited: Nil Category: Principal judgment Parties: Husam Morsi (First applicant)

Susan Wang (Respondent) Representation: Husam Morsi (Self-represented)

Eman Mohamed (Self-represented)

Susan Wang (Self-represented) File Number(s): 2023/00379721 (previously RT 23/37864) Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. This is an application by Husam Morsi and Eman Mohamed under s 44(1)(b) of the Residential Tenancies Act 2010 (NSW) (the Act) for orders that would declare that rent was excessive by 30% of the rent payable per week during the period 22 July 2022 to 21 July 2023 because of Susan Wang's (the landlord) withdrawal or reduction of goods, services and facilities provided with the residential premises. The claim principally relates to a loss of use and amenity of the rented premises due to water ingress and mould but includes additional complaints in relation to a malfunctioning oven and blinds. The tenants originally also applied for an order pursuant to s 50, 187(1)(d) and 190 of the Act that would have required the landlord to pay them $1,000.00 in compensation for distress and disappointment they contend they suffered due to the landlord's interference with their quiet enjoyment of the premises. However, that claim was withdrawn at the start of the first Special Fixture Hearing. This application was made to the Tribunal on 17 August 2023 (the application). 2. For the reasons set out following I have determined that the tenants' use of the premises was substantially reduced by its state of disrepair during the period 22 July 2022 to 21 July 2023 and that rent was excessive by 30% per week on this basis. I have made a declaration under s 44(1)(b) to this effect. It is not in issue that the tenants, who vacated the rented premises on 10 September 2023, have paid all rent owing in respect of this period at the rate of $510.00 per week up to 16 February 2023 and $550.00 per week thereafter. It is therefore appropriate to liquidate the excessive rent order to a money order that will require the landlord to repay the tenants the rent they are liable for by operation of the excessive rent order in the amount of $8,421.40. I have made that order.