Verma v Chilukuri & Ors (Residential Tenancies)

Verma and another commenced proceedings against Chilukuri and others in the Civil and Administrative Tribunal (CAT). Verma and the other plaintiff were the owners of a property in Sydney, which was leased to the defendants as a group house under a residential tenancy agreement. The defendants were all joint tenants of the property. The dispute arose when the composition of the joint tenants changed, and one of the defendants assigned his interest in the lease to another party. The plaintiffs alleged that the tenancy agreement was repudiated and that the defendants breached the residential tenancy agreement by not paying rent and causing damage to the property. The defendants denied the allegations and counterclaimed for compensation.

The CAT was required to determine whether the tenancy agreement was repudiated by the change in the composition of the joint tenants and whether the defendants breached the agreement by not paying rent and causing damage to the property. The CAT also had to determine the amount of compensation, if any, that the defendants were liable to pay the plaintiffs. The CAT considered evidence from both parties and made findings of fact based on the credibility and reliability of the evidence. The CAT found that the tenancy agreement was not repudiated by the change in the composition of the joint tenants. However, the CAT found that the defendants breached the agreement by not paying rent and causing damage to the property. The CAT ordered the defendants to pay the plaintiffs compensation for unpaid rent and breach of the agreement.

The CAT ordered the defendants to pay the plaintiffs the sum of $771.45 for unpaid rent, less the $600 paid as a ‘bond’. The CAT also ordered Ali Hussein Abou Daoud, one of the defendants, to pay the plaintiffs a further sum of $3235.71 for unpaid rent and breach of the agreement. The CAT did not make any orders in relation to the counterclaim for compensation.