Sun v Zhang [2023] NSWCATAP 333

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sun v Zhang [2023] NSWCATAP 333 Hearing dates: 4 October 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member D Goldstein, Senior Member Decision: 1. The appeal is allowed. 2. The order of the Tribunal made in proceedings RT 23/18730 on 1 August 2023 is set aside and the following order substituted: The rent increase notified by the landlord Shiu Kwan Sun on 27 February 2023 is not payable by the tenants Yijiao Zhang and Jun Ma because s 41 of the Residential Tenancies Act 2010 (NSW) has not been complied with. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rent — Rent increases – In the absence of a notice served in compliance with the requirements of the Act, the entry into a renewed fixed term tenancy agreement does not increase the rent payable notwithstanding that the renewed agreement states a higher rent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) ss 41, 42 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Hashman v Mason [1997] NSWRT 1152 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None Cited Category: Principal judgment Parties: Shiu Kwan Sun (Appellant) Yijao Zhang and Jun Ma (Respondents) Representation: Shiu Kwan Sun (Self represented) Yijao Zhang and Jun Ma (Self represented) File Number(s): 2023/00258017 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 04 August 2023 Before: A Lynch, Tribunal Member File Number(s): RT 23/18730; RT 23/23715; RT 23/34677