I totally agree with 100% refunds. You might want to add Section 43 (2) of the Residential Tenancy Act 2010 which clearly states that the rent abates if the premises are unlawful. And then there's another Section...Section 219 of the Residential Tenancy Act (NSW)...this is there to protect the Act and Regulations just in case anyone decides to override the legislation. Read it and you will see what I am talking about. I am currently before the Full Bench of the Court of Appeal in NSW seeking the overturning of a District Court Judge who decided to not only override Section 43 and 13 and 49 for that matter, but she made a separate agreement (in court) which quashed the existing agreement the landlord and I had and made another one. In that, she said that I don't have to pay the rental arrears for 2 months but to start paying the rent from 1st April 2013 until we go back to the District Court for the hearing. I refused to accept that order. It was unlawful and went beyond the jurisdiction of the District Court. We were there for another matter and the Judges moral fibre got the better of her judgment when she decided to override the law and make agreements that Section 219 of the Act clearly states you can't.
From there I went to the Supreme Court where it was referred to the Court of Appeal where I confronted another would be moral crusader who said in essence that I must pay the rent regardless of what the law says. Well, didn't the **** hit the fan then. I got stuck into him and told His Honor that it's not a case of me not wanting to pay the rent but rather NSW Legislation that clearly states this in 3 Sections of the Act. His honors response ?...I don't care, you pay the rent. Well, I wasn't happy about this order was I so I lodged an appeal with the Full Bench of the Court of Appeal. Believe it or not, they too got stuck into me with the same old ****...why aren't you paying the landlord rent. Because your Honor the law states that he is not entitled to be paying the rent. Not surprisingly, I lost this appeal where Judges seem to think that the law can be broken, remarkably, for landlords and they should get rent regardless. My question? Why make those laws in the first place when you have a string of Judges overriding these laws ?...the matter is next scheduled before an appeal in the High Court of Australia. I cannot accept that a landlord should be paid anything in terms of rent when he it is a criminal offence under Environmental Planning Laws if you run illegal boarding houses. Secondly, all the rent and bond money is "Tax Free" they can't declare this money because the tax man will ask, where is this money coming from with no ABN etc. That's why the law is there to go after these rogue operators because while you and me pay our fair share of taxes, these blokes don't pay a cent because of greed. I would like to be in a position where I can rip of the tax man too but I don't or wont. Why are the Judges so protective of a rogue landlord who rips of the Council with DA fees and applications etc not to mention the tax man and then wants tax free rent and bond monies as well? Those judges no doubt have investment properties somewhere and have been bitten by unscrupulous tenants.
In this case, I found out the place was illegal, I warned him to sever the lease and pay me reasonable relocation expenses and call it quits. He told me to go and jump. I then lodged a complaint with the Council and then filed an application with the CTTT to make him sever the lease and pay me compensation for his misdeeds. why should I have to go to yet another expense of moving out shortly after I just moved in if he is the one doing the several wrong things at once and rolling over with joy at all the cash his making and also laughing at us who work and pay our taxes. No sir...High Court here I come !!!!!
