Rodriquez Martin v Web & Down [2015] NSWCATCD 103

Rodriquez Martin v Web & Down [2015] NSWCATCD 103

The tenants breached their obligations under the Residential Tenancies Act 2010 by making alterations and failing to leave the premises in the same condition as at the beginning of the tenancy, without written consent. The landlord is entitled to compensation for rectification and loss, calculated based on the Tribunal's findings as to reasonable costs supported by the evidence.

Parties
Landlord/applicant: Raquel E Rodriquez Martin; Tenant/respondent: Wolfgang Jaimez Web; Tenant/respondent: Gregory D'Elbert Down
Jurisdiction
Australia
Judgment Date
26 August 2015
Procedural Posture
Tenancy Compensation Claim / Final Hearing and Decision
Outcome
Orders in favour of landlord/applicant for compensation and release of bond.
Legal Topics
Compensation to Landlord, Rental Bond, Alterations by Tenant
Residential Tenancy Law Compensation to Landlord Rental Bond Alterations by Tenant

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Parties

Raquel E Rodriquez Martin

Landlord/applicant

Wolfgang Jaimez Web

Tenant/respondent

Gregory D'Elbert Down

Tenant/respondent

Procedural Posture

Tenancy Compensation Claim / Final Hearing and Decision

Legal Issues

  1. 1 Whether tenants breached their obligation to leave the premises in the same condition at the end of the tenancy as at the beginning, fair wear and tear excepted
  2. 2 Whether tenants made alterations without written consent in breach of the Residential Tenancies Act 2010
  3. 3 Whether the landlord is entitled to compensation for rectification of alterations and damage

Ratio Decidendi

The tenants breached their obligations under the Residential Tenancies Act 2010 by making alterations and failing to leave the premises in the same condition as at the beginning of the tenancy, without written consent. The landlord is entitled to compensation for rectification and loss, calculated based on the Tribunal's findings as to reasonable costs supported by the evidence.

Court Disposition

Orders in favour of landlord/applicant for compensation and release of bond.

Orders

  • Tenants to pay landlord $6,384.75 on or before 18 September 2015.
  • Rental Bond Services to pay the whole of rental bond No. A635281-8 to the landlord, credited against the money order.