Okazaki v Dickerson [2019] NSWCATCD 71

Okazaki v Dickerson [2019] NSWCATCD 71

The landlord established, on the balance of probabilities, that the tenants caused negligent damage to the kitchen bench top, two bedroom doors, and bathroom vanity units, exceeding fair wear and tear. Compensation must reflect depreciation and prior use, thus only part of the landlord's claim was allowed. Claims for carpet and blinds failed due to insufficient proof or full depreciation. Residual bond to be repaid to tenants after deducting the awarded sum.

Parties
Landlord: Kimie Okazaki; Tenant: Magdalena Dickerson; Tenant: David Weir
Jurisdiction
Australia
Judgment Date
23 July 2019
Procedural Posture
Residential Tenancy Compensation Claim / Tribunal Decision After Hearing
Outcome
Orders partly in favour of landlord, rest dismissed
Legal Topics
Landlord's End of Tenancy Claim for Compensation, Obligations to Repair and Maintain, Compensation for Damage, Assessment of Fair Wear and Tear, Rental Bond Applications
Residential Tenancies Consumer Law Landlord's End of Tenancy Claim for Compensation Obligations to Repair and Maintain Compensation for Damage Assessment of Fair Wear and Tear Rental Bond Applications

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Parties

Kimie Okazaki

Landlord

Magdalena Dickerson

Tenant

David Weir

Tenant

Procedural Posture

Residential Tenancy Compensation Claim / Tribunal Decision After Hearing

Legal Issues

  1. 1 Whether tenants caused intentional or negligent damage to premises
  2. 2 Whether claimed deterioration was fair wear and tear or tenant-caused damage
  3. 3 Entitlement to compensation and its assessment

Ratio Decidendi

The landlord established, on the balance of probabilities, that the tenants caused negligent damage to the kitchen bench top, two bedroom doors, and bathroom vanity units, exceeding fair wear and tear. Compensation must reflect depreciation and prior use, thus only part of the landlord's claim was allowed. Claims for carpet and blinds failed due to insufficient proof or full depreciation. Residual bond to be repaid to tenants after deducting the awarded sum.

Court Disposition

Orders partly in favour of landlord, rest dismissed

Orders

  • The tenants, Magdalena Dickerson and David Weir, must pay the landlord, Kimie Okazaki, the sum of $3,048.12 immediately.
  • Rental Bond Services is directed to pay the landlord, Kimie Okazaki, $3,048.12 from Rental Bond No. E917502-6. Any amount received is to be credited against the money order (Order 1). Any balance of the rental bond plus any interest must be paid to the tenants, Magdalena Dickerson and David Weir.