Zerkowsk v Lewis ; Lewis v Zerkowski [2016] NSWCATCD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zerkowsk v Lewis ; Lewis v Zerkowski [2016] NSWCATCD 45 Hearing dates: 2 March 2016 Decision date: 13 May 2016 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, General Member Decision: 1 In Matter RT 15/67234, the landlord's claim for termination and possession is dismissed. 2 In Matter RT 15/67410, the landlord is to pay the tenant the sum of $330.00 as compensation for breach of Section 51(1) of the Residential Tenancies Act 2010 immediately. Catchwords: Abuse of landlord's agent Discretion to terminate tenancy Habitability of premises at commencement of tenancy Compensation to tenant Legislation Cited: Residential Tenancies Act 2010 ss 51, 63, 65, 92, 187 Cases Cited: Menashi v Ly [1997] NSWRT 162 Alexandros v Le [2012] NSWCTTT 395 Category: Principal judgment Parties: Lynda Margaret Zerkowski (applicant / cross respondent) Anthony Lewis (respondent / cross applicant) Representation: Landlord: Ms A Trad, agent Tenant: In person File Number(s): RT 15/67234 and RT 15/67410 Publication restriction: Unrestricted

reasons for decision 1. The dispute involves two separate proceedings between the parties. In Matter RT 15/67234 the applicant is the landlord, and the tenant is the respondent. The landlord seeks termination of the tenancy under Section 92 of the Residential Tenancies Act 2010 ('the RT Act'). In Matter RT 15/67410, the tenant is the applicant and the landlord the respondent. The tenant seeks an order setting aside a notice to terminate issued by the landlord on the basis it is a retaliatory notice. The tenant further seeks orders that the landlord conduct repairs to the premises and an order for compensation for cleaning performed by the tenant. There was no issue between the parties in respect of rent arrears. 2. Both matters were listed for a special fixture hearing together. Each party had filed and served documentary evidence in accordance with previous directions of the Tribunal. 3. The landlord was represented by Ms A Trad, property manager, who gave sworn evidence. Another property manager of the agent of the landlord, Mr Donnatuoni, appeared and gave sworn evidence. The tenant appeared and gave sworn evidence. The tenant's mother, Ms J Lewis, appeared and gave sworn evidence. 4. The property rented by the tenant was a unit and the rent at the commencement of the tenancy was $330.00 per week.