Anthony v Mao [2014] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anthony v Mao [2014] NSWCATAP 101 Hearing dates: 2 September 2014 Decision date: 10 December 2014 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member G Meadows, Senior Member Decision: The Appeal Panel ORDERS that: The appeal be allowed in part. Order 2 of the Tribunal at first instance be set aside. Pursuant to subsection 44(1)(b) of the Residential Tenancies Act 2010, the rent payable under the residential tenancy agreement between the parties is excessive from 8 February 2014. The maximum rent that is payable under the residential tenancy agreement between the parties as at 8 February 2014 until the end of the agreement, or a period of 12 months (whichever is earlier), is varied to $3,343.45 per month. The decision of the Tribunal at first instance is otherwise affirmed. Final orders to be made on the papers and in accordance with these orders and these reasons for decision and the directions made below. In light of order 3, the Appeal Panel DIRECTS that: The parties together to file a Short Minute of Order setting out an agreed calculation of excess rent paid by the appellants within 14 days of the publication of these reasons; Or in the event there is no agreement, The parties, separately, to file and serve written submissions on their respective calculation of excess rent paid by the appellants within 14 days of the publication of these reasons. Catchwords: APPEAL - residential tenancy - proper construction of s 26(1) of the Residential Tenancies Act 2010 - excessive rent order - reduction by the landlord of goods services or facilities provided with the residential premises - after residential agreement entered into the landlord installed rainwater tanks on the outside patio and up against and under the bedroom window. Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Category: Principal judgment Parties: N Anthony and A Hochhalter (Appellants) X Mao (Respondent) File Number(s): AP 14/46427 (AP 14/0249) Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-06-04 00:00:00 Before: B Howe File Number(s): RT/14996