Welch v Luke; Luke v Welch [2019] NSWCATCD 72

Welch v Luke; Luke v Welch [2019] NSWCATCD 72

The tenants are only liable for actual damage to carpet, wall, and minor cleaning and blind costs that go beyond fair wear and tear. Claims for timber flooring, major cleaning, and bench top are not allowed as these were either improvements, issues of fair wear and tear, or lacked sufficient evidence of tenant liability. Amounts ordered reflect only compensable losses caused by the tenants and not for new-for-old replacements or improvements.

Jurisdiction
Australia
Judgment Date
23 July 2019
Procedural Posture
Residential Tenancy Dispute / Substantive Determination Following Hearing
Outcome
Landlord awarded compensation in part; majority of landlord's claim dismissed; orders for bond distribution and payment specified.
Legal Topics
['compensation' 'fair Wear and Tear' 'rental Bond' 'condition Reports']
['residential Tenancy' 'consumer Law'] ['compensation' 'fair Wear and Tear' 'rental Bond' 'condition Reports']

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Procedural Posture

Residential Tenancy Dispute / Substantive Determination Following Hearing

Legal Issues

  1. 1 ['Whether the tenants are liable to compensate the landlord for damage to the premises beyond fair wear and tear' 'Appropriate quantum of any compensation payable by the tenants']

Ratio Decidendi

The tenants are only liable for actual damage to carpet, wall, and minor cleaning and blind costs that go beyond fair wear and tear. Claims for timber flooring, major cleaning, and bench top are not allowed as these were either improvements, issues of fair wear and tear, or lacked sufficient evidence of tenant liability. Amounts ordered reflect only compensable losses caused by the tenants and not for new-for-old replacements or improvements.

Court Disposition

Landlord awarded compensation in part; majority of landlord's claim dismissed; orders for bond distribution and payment specified.

Orders

  • ['The tenants, Matthew Welch and Elin Rainoni, are to pay the landlord, Kathryn Luke and Simon Williams, the sum of $1270 immediately.' 'This amount of $1270 is to be paid from the rental bond S131958-8. The remainder of the bond is to be paid to the tenants, Matthew Welch and Elin Rainoni.' "The landlord's claim...