Diplome Australia Pty Ltd ACN 106 706 478 v Singh & Anor (Residential Tenancies)

Diplome Australia Pty Ltd ACN 106 706 478 brought an action against Singh & Anor, who are the landlords of a residential property, before the Civil and Administrative Tribunal in Australia. The tenants, Diplome Australia, sought a reduction in rent as compensation for the interference with their quiet enjoyment of the premises due to the landlords' failure to attend to both urgent and non-urgent repairs during the tenancy. The landlords had appointed agents to manage the property, and the tenants alleged that the agents had failed to address repair requests in a timely manner. The dispute also included a question of whether a company can enter into a residential tenancy agreement and the definition of 'home' under the Residential Tenancies Act.

The primary legal issues were whether the landlords had failed to maintain the premises in a reasonable state of repair and to action repairs within a timely manner. Additionally, the court had to consider if the delays in repair actions were justified under the Residential Tenancies (COVID-19 Emergency Response) Declaration 2020. The tenants argued that the delays were not related to social distancing requirements but rather due to the landlords' agents not following up on repair requests properly. The landlords claimed to have limited visibility over the repairs due to their agent's management of the property.

The Tribunal ruled that the landlords had indeed failed in their obligations to maintain the property in a reasonable state of repair and to address repairs within a timely manner. The Tribunal noted that the landlords, by appointing agents to manage the property, were responsible for the agents' actions. The argument regarding compliance with the COVID-19 emergency response declaration was dismissed as there was no evidence linking the repair delays to social distancing requirements. Instead, the delays were due to the agents' failure to follow up on repair requests and communicate with the strata corporation. Consequently, the Tribunal ordered the landlords to pay the tenants $9,031.30 for the rent reduction and $1,167 as the ACAT filing fee within one month of the decision date.