Kwok v Natarajan

In the matter of Kwok v Natarajan, the applicant, a tenant, brought proceedings against the respondent, the landlord, to the NSW Civil and Administrative Tribunal. The tenant sought relief from an excessive rent increase, and compensation for the landlord's failure to perform repairs to common property. The tenant also sought a declaration that the rent was excessive. The tribunal had jurisdiction pursuant to the Residential Tenancies Act 2010 (NSW). The legal issues that the tribunal had to decide were whether the rent increase was excessive, whether the landlord had breached the tenancy agreement by failing to perform repairs to common property, and whether the tenant was entitled to compensation. The tribunal found that the rent increase from $700 per week to $900 per week was excessive and ordered that the rent shall not exceed the sum of $775 per week from 11 January 2025 to 12 April 2025. The tribunal also found that the landlord was not in breach of the tenancy agreement by failing to perform repairs to common property as it did not form part of the residential premises. The tribunal dismissed the remainder of the claim because it was not satisfied to the civil standard that there were grounds for the tribunal to make the other orders sought by the tenant.