Patricia Lo Presti v G Mak and M Fung [2014] NSWCATCD 219

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Patricia Lo Presti v G Mak and M Fung [2014] NSWCATCD 219 Hearing dates: 17 October 2014 Decision date: 30 October 2014 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: The application is dismissed Catchwords: Breach by the landlord Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Patricia Lo Presti (applicant) G Mak and M Fung (respondents) Representation: The tenant in person Mr Martin for the landlord File Number(s): RT 14/35261 Publication restriction: Unrestricted

REASONS FOR DECISION 1. The tenant lodged an application on 10 July 2014 where she sought orders pursuant to section 65(1)(b) that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant, $3,700.00. This application was amended on 23 September 2014 to seek the following orders: 1. The respondent is to pay the applicant the sum of $5,200.00 being for the reimbursement of a rent paid from 29 April 2013 until 27 April 2014 (rent reduction). 2. The respondent compensates the applicant the sum of $3,282.00 for economic loss suffered by applicant. 3. The respondent compensates the applicant the sum of $4,000.00 for physical inconvenience suffered by applicant.

Jurisdiction 1. The premises are residential premises. The parties entered into a fixed term residential tenancy agreement for 2 weeks commencing on 29 April 2013 to 13 May 2013. The rent was $400.00 a week. A rental bond of $1,600.00 was made by the applicant. The tenancy continued as periodic agreement thereafter. The tenant gave vacant possession to the landlord on 27 June 2014. The Tribunal therefore has jurisdiction to hear and determined the matter.