Posted August 06, 2020 14:33:50A dispute between tenants in Sydney’s CBD and the landlord of a flat in the city’s west is the subject of a new legal action, with tenants’ rights lawyer John Burdick claiming the dispute is the first major civil rights case in Australia.
Key points:Landlords and tenants have been locked in a rent war for more than a yearThe case is the latest in a series of cases that have been brought in recent years, with the aim of stopping landlord evictionsThe case has been heard in a Federal Court in SydneyBut the dispute centres on a rent payment in April 2016 and the eviction notice on a rental property, in the CBD, which was sent to Mr Burdock’s lawyer in July.
Mr Burdie is seeking to have the eviction and the rental property returned to him, and to recover damages from the landlord, as well as costs and interest.
“This is a huge win for tenants and a victory for our legal system,” he said.
“It’s a victory in the end, because it’s just been a long and frustrating time for tenants.”
The case arose in 2016 after Mr Burden had applied to have his rent refunded.
He was told by the landlord that it had already been paid, but that he needed to pay an additional $800.
“He said it was for rent only, but I’m an independent contractor and he said he didn’t want to pay for rent unless I paid more,” Mr Burdy said.
The tenant had also been told the tenant would be moved from the apartment to another apartment in the same building if he did not pay.
“I asked him if he knew that the landlord could be evicted at any time, and he refused to answer, so I filed a complaint against him in the Fair Trading Tribunal,” Mr Anderton said.
But Mr Burt’s case was dismissed after he was unable to prove his landlord owed him rent.
He said the tenant’s tenancy had been “subsidised” by the owner of the property, who did not seek a rent rebate.
“What we’re saying is that the owner is not paying rent, it’s the landlord who is paying rent,” he told the ABC.
“We’re saying the landlord is not getting a fair return on his investment.”
The owners are not paying their fair share of rent.
“Landlord in NSW charged with evading rent on propertiesThe Federal Court heard a property in Sydney was rented to a tenant who was in breach of the tenancy agreement.
Mr Anderlton said it appeared to be a case of “rent-to-own”.”
It seems to me to be the most straightforward case of rent-to buy,” he added.
The landlord in question was charged with two counts of breach of a rental agreement.”
If the tenant has not been paid rent, that is the tenant in breach and is liable for the breach,” Mr Justice McKeown told the hearing.
The hearing was adjourned for a further week.
Topics:law-crime-and-justice,property-licensing,housing-industry,housing,property,nsw,australiaFirst posted August 07, 2020 08:17:16More stories from New South Wales