Ahmad v Coskap Pty Ltd & Ors [2022] NSWCATCD 197

Ahmad v Coskap Pty Ltd & Ors [2022] NSWCATCD 197

The tenancy agreement and managing agency documents identified Stella Chan and Wendy Chan as landlords and showed Coskap Pty Ltd and Conkara Pty Ltd were not landlords but managing agents; the tenant's cartel allegation was unsupported. Claims for compensation or quiet enjoyment based on 2019 events were out of time. For the in-time repair and rent reduction claims, the landlords made reasonable efforts to inspect, assess and repair reported issues, but the tenant denied or obstructed access. The evidence, including video of 29 July 2022, did not support the alleged abusive conduct or breach of quiet enjoyment. The Tribunal was therefore not satisfied on the civil standard that the...

Jurisdiction
Australia
Judgment Date
17 October 2022
Procedural Posture
Residential Tenancy Application in the Consumer and Commercial Division Concerning Rent Reduction, Repairs, Tenancy Terms, Security Devices and Quiet Enjoyment / Contested Hearing and Final Determination
Outcome
Coskap Pty Ltd and Conkara Pty Ltd were removed as parties, and the application was dismissed.
Legal Topics
["landlord and Landlord's Agent Definitions" 'rent Reduction' 'repayment of Rent' 'repairs' 'change to Security Device or Lock' 'quiet Enjoyment' 'access to Premises' 'time Limit for Compensation Claims']
['residential Tenancy Law'] ["landlord and Landlord's Agent Definitions" 'rent Reduction' 'repayment of Rent' 'repairs' 'change to Security Device or Lock' 'quiet Enjoyment' 'access to Premises' 'time Limit for Compensation Claims']

Case Brief

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Procedural Posture

Residential Tenancy Application in the Consumer and Commercial Division Concerning Rent Reduction, Repairs, Tenancy Terms, Security Devices and Quiet Enjoyment / Contested Hearing and Final Determination

Legal Issues

  1. 1 ['Whether Coskap Pty Ltd and Conkara Pty Ltd should remain parties where the tenancy agreement named Stella Chan and Wendy Chan as landlords and the corporations acted as managing agents.' 'Whether a term of the tenancy agreement was void under section 21 of the Residential Tenancies Act 2010.' 'Whether the tenant was entitled to a rent reduction under section 44(1)(b) or repayment/backdated compensation for alleged defects including air conditioning, oven, security system, blinds and a bathroom leak.' 'Whether the landlords breached repair obligations by failing to maintain the premises in a reasonable state of repair.' "Whether the landlords' agents breached the tenant's right to quiet enjoyment by attending or entering the premises." 'Whether claims relating to events in 2019 were out of time.']

Ratio Decidendi

The tenancy agreement and managing agency documents identified Stella Chan and Wendy Chan as landlords and showed Coskap Pty Ltd and Conkara Pty Ltd were not landlords but managing agents; the tenant's cartel allegation was unsupported. Claims for compensation or quiet enjoyment based on 2019 events were out of time. For the in-time repair and rent reduction claims, the landlords made reasonable efforts to inspect, assess and repair reported issues, but the tenant denied or obstructed access. The evidence, including video of 29 July 2022, did not support the alleged abusive conduct or breach of quiet enjoyment. The Tribunal was therefore not satisfied on the civil standard that the...

Court Disposition

Coskap Pty Ltd and Conkara Pty Ltd were removed as parties, and the application was dismissed.

Orders

  • ['Coskap Pty Ltd is removed as a party.' 'Conkara Pty Ltd is removed as a party.' 'The application is dismissed because, having considered the material placed before it, the Tribunal is not satisfied (at the civil standard of proof) that the grounds required to make the orders sought have been established.']