Tsang v Agar [2016] NSWCATCD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tsang v Agar [2016] NSWCATCD 17 Hearing dates: 18 February 2016 Decision date: 30 March 2016 Jurisdiction: Consumer and Commercial Division Before: Margaret Mary McCue, General Member Decision: 1. The applicant is entitled to an order for payment of the whole of the bond ($ 3,100.00). The Rental Bond Board is directed to pay to the tenant the whole of the bond. 2. The respondents are to pay to the applicant the sum of $ 1,550.00 on or before 7 April 2016, in addition to monies payable at order 1. Catchwords: Applicants' entitlement to a refund of all monies paid to the respondent; vacant possession of premises at the commencement of the lease Legislation Cited: Civil and Administrative Tribunal Act, 2013, Part 5, Schedule 4, Residential Tenancies Act 2010 ("the Act") Category: Principal judgment Parties: Shirley Tsang (applicant) Neera Agar; Ashish Agar; Nita Agar (respondents) Representation: Applicants: In person Respondent: Ms Oglesby (agent) File Number(s): RT 15/68080 Publication restriction: Nil

REASONS FOR DECISION

Application 1. The parties entered into a residential tenancy agreement commencing on 2 December 2015 for a term of 26 weeks for premises located at Riverview. 2. The tenant gave notice to terminate the lease on 6 December 2015. The applicant says that the premises were not ready for occupation at the commencement date of the lease. The applicant submits that she is entitled to terminate the lease without penalty. 3. The respondents oppose the application. The respondents seek recovery of a break lease fee pursuant to the terms of the residential tenancy agreement where the tenant has terminated the lease during a fixed term. 4. The applicant tenant brings proceedings pursuant to Sections 103; 109; 175; 187 and 190 of the Act.