Hayden v Rigney [2016] NSWCATCD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hayden v Rigney [2016] NSWCATCD 2 Hearing dates: 19 November 2015 Decision date: 05 January 2016 Jurisdiction: Consumer and Commercial Division Before: S. Fenwick, General Member Decision: The landlords shall pay the tenants the sum of $1,571.52 immediately Catchwords: Lease Break; Early Termination; agreement to surrender Legislation Cited: Section 81 Residential Tenancies Act, 2010 Texts Cited: Residential Tenancies Law and Practice, 6th Edition, Anforth et al Category: Principal judgment Parties: Matthew Hayden and Catherine Hayden (tenants-applicants) Steven Rigney and Kathy Rigney (landlords-respondents) Representation: Ms Kim Ryan, South West Tenants Advocacy Service (Verto) for the tenants Ms Julie Howarth, Raine and Horne, Bathurst, for the Landlords File Number(s): RT 15/51808 and RT 15/51974 Publication restriction: Nil

reasons for decision

The application 1. This is a cross claim involving Mr and Mrs Hayden (the Tenants) who are seeking the return of their bond of $1,800.00 and Mr and Mrs Rigby (the Landlords) who are seeking a money order for compensation of $1,064.23. This is made up of mainly of rent from 16 July to 31 August, along with cleaning and water consumption costs, less the bond they have already claimed, because the tenant broke their lease early. The matter was heard in Bathurst on 19 November 2015, the tenants being assisted by Kim Ryan of Verto (South West Tenancy Advocacy Services) and the landlords represented by Julie Howarth of managing agents Raine & Horne Bathurst, conciliation failed to resolve the dispute.