Wu v Liu [2022] NSWCATCD 90

Wu v Liu [2022] NSWCATCD 90

The landlord proved breach and loss only for the greasy range hood filter, limited end of tenancy cleaning deficiencies, masking tape damage/residue to the laundry sink and cupboard, and a carpet stain caused by negligent misuse. The remaining claimed damage was either not proved, was no more than fair wear and tear, or was unsupported by sufficiently reliable evidence. Compensation was assessed at $599.00, and Rental Bond Services was directed to pay that amount from the tenant's bond, with the balance of the application dismissed.

Jurisdiction
Australia
Judgment Date
15 June 2022
Procedural Posture
Residential Tenancy Application by Landlord for Compensation and Rental Bond Orders / Final Hearing and Principal Judgment
Outcome
Application allowed in part; landlord awarded $599.00 and the application otherwise dismissed.
Legal Topics
['end of Tenancy Obligations' 'rental Bond' 'compensation for Damage and Loss' 'fair Wear and Tear' 'reasonable Cleanliness']
['residential Tenancies' 'consumer and Commercial'] ['end of Tenancy Obligations' 'rental Bond' 'compensation for Damage and Loss' 'fair Wear and Tear' 'reasonable Cleanliness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Residential Tenancy Application by Landlord for Compensation and Rental Bond Orders / Final Hearing and Principal Judgment

Legal Issues

  1. 1 ['Whether the tenant breached end of tenancy obligations to leave the premises reasonably clean having regard to its condition at the start of the tenancy.' 'Whether the tenant returned the premises in a condition as close as possible to its condition at the start of the tenancy, fair wear and tear excepted.' 'Whether the landlord proved reasonably foreseeable damage and loss caused by any breach and the amount of compensation payable.' 'Whether Rental Bond Services should be directed to pay the landlord part or all of the rental bond.']

Ratio Decidendi

The landlord proved breach and loss only for the greasy range hood filter, limited end of tenancy cleaning deficiencies, masking tape damage/residue to the laundry sink and cupboard, and a carpet stain caused by negligent misuse. The remaining claimed damage was either not proved, was no more than fair wear and tear, or was unsupported by sufficiently reliable evidence. Compensation was assessed at $599.00, and Rental Bond Services was directed to pay that amount from the tenant's bond, with the balance of the application dismissed.

Court Disposition

Application allowed in part; landlord awarded $599.00 and the application otherwise dismissed.

Orders

  • ['The tenant, Yifan Liu, must pay the landlord, Zheng Wu, $599.00 immediately.' 'Rental Bond Services is directed to pay the landlord, Zheng Wu, $599.00 from Rental Bond No.S786344-4. Any amount received is to be credited against the money order (order 1). Any balance of the bond is to be paid to the tenant, Yifan...