Ebbelid and anor v Qin [2014] NSWCATCD 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ebbelid and anor v Qin [2014] NSWCATCD 173 Hearing dates: 23 July 2014 Decision date: 03 September 2014 Before: P Boyce, Senior Member Decision: 1. The landlord is to pay to the tenants damages in the amount of $8,846.00 immediately; 2. The tenants are to pay the landlord arrears of rent $574.29 immediately; 3. The rental bond is to be paid to the tenants immediately. Catchwords: Habitable premises, damages Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: None Texts Cited: None Category: Principal judgment Parties: Pernilla Ebbelid and Tomi Ebbelid (applicants) Minqyu Qin (respondent) File Number(s): RT 14/25538, RT 14/22700, RT 14/31739 and RT 14/36831 Publication restriction: None

reasons for decision

Application 1This application is brought by tenants against their landlord in respect of residential premises. 2The tenants seek orders under the Residential Tenancies Act 2010. 3Because of the multiple applications filed by the tenants and the landlord, the orders they seek are set out in the narrative of the applications filed under the heading "Background" in these reasons for decision.

Jurisdiction 4S 28 of the Civil and Administrative Tribunal Act 2013 provides that the NSW Civil and Administrative Tribunal ("Tribunal") has jurisdiction and functions as may be conferred or imposed on it by or under this Act or any other legislation. 5S 21 of the Residential Tenancies Act 2001 grants to the Tribunal the jurisdiction to hear and determine disputes conferred under the Act. 6The Tribunal is satisfied that the applicant tenants pursuant to a signed residential tenancy agreement entered into on or about 27 March 2014 for residential premises located within NSW.