Kordas v Ahmed [2024] NSWCATAP 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kordas v Ahmed [2024] NSWCATAP 64 Hearing dates: 19 March 2024, written submissions completed on 4 April 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J McAteer, Senior Member Decision: (1) The appeal is allowed in part. (2) Order 9 made by the Tribunal on 12 January 2024 is set aside. (3) The respondent's claim pursuant to s 44 (1) (a) of the Residential Tenancies Act 2010 (NSW) that the rent increase sought by the appellant in the rent increase notice dated 27 September 2023 payable from 1 December 2023 is excessive is remitted to the Tribunal for reconsideration. (4) Order 7 made by the Tribunal on 12 January 2024 is set aside insofar as it concerns the period from 1 December 2023 to 12 January 2024. (5) Order 8 made by the Tribunal on 12 January 2024 is set aside to the extent that the amount of $2,631.20 stated in the order contains a refund of rent for the period from 1 December 2023 to 12 January 2024. (6) The outstanding questions resulting from Orders 3 and 4 above as to the amount of rent to be paid by the respondent for the period from 1 December 2023 to 12 January 2024 and the amount of rent (if any) to be refunded to the respondent in respect of this period are remitted to the Tribunal for reconsideration having regard to the respondent's claims pursuant to s 44 (1) (a) and (b) of the Residential Tenancies Act 2010 (NSW). Catchwords: LEASES AND TENANCIES-residential tenancy-tenant's claim that rent increase was excessive-written rent increase notice required to be given pursuant to s 41 (1) of the Residential Tenancies Act 2010 (NSW) (RTA) -tenant acknowledged receipt of notice within the 60 day time period requirement-validity of written notice when given by email where no email address specified as required by s 223 of the RTA-Tribunal found invalid-Tribunal did not consider significance of tenant's acknowledgement of receipt-error of law. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Electronics Transactions Legislation Amendment (Government Transactions) Act 2017 (NSW) Interpretation Act 1987 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2006 (NSW) Cases Cited: Capper v Thorpe [1998] HCA 24; 194 CLR 342 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Pan v Shanehsazzadeh [2024] NSWCATAP 23 Reiss v Helson [2001] NSWSC 486 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Category: Principal judgment Parties: Arthur Kordas (Appellant) Eva Kordas (Appellant) Mostaque Ahmed (Respondent) Representation: P Poulos (Agent) (Appellant) Respondent (self-represented) File Number(s): 2024/0029794 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 12 January 2024 Before: S Bliim, General Member File Number(s): 2023/00371798