Whiteside v Mallett Street Pty Limited [2023] NSWCATCD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whiteside v Mallett Street Pty Limited [2023] NSWCATCD 169 Hearing dates: 21 November 2023 Date of orders: 01 December 2023 Decision date: 01 December 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 notices dated 24 July 2023 and 6 September 2023 are of no effect because they are retaliatory notices. (2) The rent payable for the premises was excessive from 30 June 2022 to 29 June 2023 and is not to exceed $700.00 per week for the period 30 June 2022 to 8 September 2022 and $840.00 per week for the period 9 September 2022 to 29 June 2023. (3) Order 2 is liquidated. The landlord, Mallett Street Pty Limited must pay the tenants, Samuel Whiteside and Philippa Velhinho, $12,370.00 immediately. (4) 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 – termination notices – retaliatory notice Legislation Cited: Residential Tenancies Act 2010 (NSW), ss 44, 52, 115 Residential Tenancies Regulation 2019 (NSW), s 39 Cases Cited: Curry v Eftimovski [2023] NSWCATAP 290 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 Steinbeck v McDonald [2015] NSWCATAP 90 Texts Cited: Nil Category: Principal judgment Parties: Samuel Whiteside (First applicant) Philippa Velhinho (Second applicant)