Haines v Chen; Chen v Haines [2016] NSWCATCD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Haines v Chen; Chen v Haines [2016] NSWCATCD 44 Hearing dates: 4 April 2016 Decision date: 17 May 2016 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: 1 Order pursuant to s44 of the Residential Tenancies Act 2010 (NSW) that the rent payable under the residential tenancy agreement was excessive from 8 December 2015 to 15 February 2016, having regard to the reduction of the amenity of the premises arising by reason of the roof leaking during that period and that from 8 December 2015 to 15 February 2016 the rent for the premises should not exceed $1,000 per week.

2 Order that Simon Haines pay Tianyue Chen the sum of $6,678.00 immediately.

3 Order that the Rental Bond Services is directed to pay the landlord Tianyue Chen the whole bond plus interest of rental bond number K901233-1 and that any amount recovered is to be credited against the money order.

4 Each of the applications is otherwise dismissed. Catchwords: Residential tenancies – whether landlord in breach of covenant to repair – whether tenant entitled to terminate for breach – adequacy of notice of termination Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Kenny v Killalea [2015] NSWCATAP 66 Category: Principal judgment Parties: RT16/05679 – Simon Haines – Applicant Tianyue Chen – Respondent

RT16/10897 – Tianyue Chen – Applicant Simon Haines - Respondent Representation: Both parties in person File Number(s): RT 16/05679RT 16/10897 Publication restriction: Nil