Chris Cavallaro v Mary Wilkan [2014] NSWCATCD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chris Cavallaro v Mary Wilkan [2014] NSWCATCD 115 Hearing dates: 1 July 2014 Decision date: 08 July 2014 Before: A McMurran, General Member Decision: 1.The respondent is to pay the applicant the sum of $2,274.80 immediately. Catchwords: Rent abatement; breach by landlord. Legislation Cited: Residential Tenancies Act, 2010 ("the Act") Category: Principal judgment Parties: Chris Cavallaro (applicant and tenant) Ms M Wilkan (respondent and landlord) File Number(s): RT 14/19839

Application 1 The applicant tenant filed an application in the Tribunal on 14 April 2014. The application claims an order for repayment of rent pursuant to Section 47 of the Act and termination of the tenancy. 2 The application for termination for alleged breach by the landlord has already been dealt with and is not the subject of these reasons. An order was made by the Tribunal by consent on 24 April 2014 terminating the tenancy and granting possession to the landlord on 28 April 2014.

Background 3 The parties entered into a residential tenancy agreement made on 31 October 2013 ("the agreement"). The lease was negotiated by an agent, Ray White Unlimited of North Bondi, acting for the respondent landlord. 4 The premises, the subject of the agreement, were located at unit 502, 389 Bourke Street Darlinghurst in Sydney ("the premises"). The lease was for a period of 12 months expiring on 30 October 2014 at a weekly rental of $330.00, payable fortnightly commencing 1 November 2013. 5 The applicant took up occupancy on 1 November 2013 and following the consent order made on 24 April 2014, vacated the premises on or about 28 April 2014. In that period, the tenant paid the landlord a total of $6,600.00 for rent. On termination, the landlord made no claim for early exit by the tenant. 6 Following termination, the only remaining issue before the Tribunal is the application by the tenant for a payment to him arising from an alleged breach of the agreement by the landlord. The breach alleged refers to Clause 18 of the agreement which sets out as follows:- "18. The landlord agrees: 18.1 To make sure that the residential premises are reasonably clean and fit to live in; and … 18.3 To keep the residential premises in a reasonable state of repair, considering the age of, the rent paid for and the prospective life of the premises; and … 18.5 To comply with all statutory obligations relating to the health or safety of the residential premises." 7 The landlord opposes the orders sought by the tenant.