Vashisht & Sharma v Edwards [2016] NSWCATCD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vashisht & Sharma v Edwards [2016] NSWCATCD 86 Hearing dates: 28 September 2016 Date of orders: 28 September 2016 Decision date: 20 October 2016 Jurisdiction: Consumer and Commercial Division Before: DAC Robertson, Senior Member Decision: 1. Pursuant to s41 of the Civil and Administrative Tribunal Act the time within which the applicants may commence these proceedings is extended to 21 August 2016. 2. Order pursuant to s45(2)(a) of the Residential Tenancies Act that the rent for the residential premises must not exceed $50 per week from 5 June 2016. 3. Order pursuant to s45(2)(b) of the Residential Tenancies Act that the landlord, NERILEE L EDWARDS, repay the tenant, HIMANSHI SHARMA and KARANDEEP VASHISHT, the sum of $3,330 immediately. Catchwords: LANDLORD AND TENANT – residential tenancies legislation – other matters – premises becoming uninhabitable by reason of water penetration and removal of carpets – abatement of rent – extent of abatement Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) ss 43, 45 Cases Cited: Bannister v Cheung [2014] NSWCATCD 105 at 16 to 20 Elsom & Taylor Parker v Coroneos [2016] NSWCATCD 47 NSW Land and Housing Corporation v Woodward [2015] NSWCATAP 164 at 10 and 17 Proudfoot v Hart (1890) 25 QBD 42 at 51 Summers v Selford Corporation [1943] AC 283 at 289 Category: Principal judgment Parties: Applicants: Karandeep Vashisht and Himanshi Sharma Respondent: Nerilee L Edwards Representation: Applicants: in person Respondent: Domenica Natolo File Number(s): RT 16/37734 Publication restriction: Unrestricted