Venkataiah v Sekiguchi [2021] NSWCATCD 52

Venkataiah v Sekiguchi [2021] NSWCATCD 52

Landlords were in breach of their obligation to repair the bathroom skylight; their withholding of consent to NBN installation was unreasonable under the Act and Regulation; compensation is only available for breaches within statutory periods and for proven loss; other claims were out of time, not substantiated, or outside the Tribunal's jurisdiction.

Parties
First Applicant: Kumar Venkataiah; Second Applicant: Keerthi Cheluvaraj; First Respondent: Kai Sekiguchi; Second Respondent: Harumi Sekiguchi
Jurisdiction
Australia
Judgment Date
01 July 2021
Procedural Posture
Application for Orders Under Residential Tenancies Act / Final Hearing and Decision
Outcome
Partially allowed; orders for repair and compensation; majority of claims dismissed.
Legal Topics
Landlord Obligation to Repair, Landlord Consent to Minor Alterations, Time Limits for Compensation Claims, Quiet Enjoyment, Compensation for Loss of Amenity
Residential Tenancy Law Landlord Obligation to Repair Landlord Consent to Minor Alterations Time Limits for Compensation Claims Quiet Enjoyment Compensation for Loss of Amenity

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Parties

Kumar Venkataiah

First Applicant

Keerthi Cheluvaraj

Second Applicant

Kai Sekiguchi

First Respondent

Harumi Sekiguchi

Second Respondent

Procedural Posture

Application for Orders Under Residential Tenancies Act / Final Hearing and Decision

Legal Issues

  1. 1 Whether landlords failed to maintain premises in reasonable repair (skylight)
  2. 2 Whether landlords unreasonably withheld consent for NBN installation
  3. 3 Whether compensation is payable for various alleged breaches including delays in repairs, installation of flyscreens, and personal injury

Ratio Decidendi

Landlords were in breach of their obligation to repair the bathroom skylight; their withholding of consent to NBN installation was unreasonable under the Act and Regulation; compensation is only available for breaches within statutory periods and for proven loss; other claims were out of time, not substantiated, or outside the Tribunal's jurisdiction.

Court Disposition

Partially allowed; orders for repair and compensation; majority of claims dismissed.

Orders

  • Keerthi Cheluvaraj is joined as an applicant.
  • The landlords, Kai and Harumi Sekiguchi, must repair the skylight in the main bathroom to prevent water ingress before 14 July 2021 at their own expense.