Chacko v Sursok [2023] NSWCATCD 147

Chacko v Sursok [2023] NSWCATCD 147

The Tribunal found that the carpet was stained at the end of the tenancy beyond fair wear and tear and that the tenant had not proved it had been steam cleaned, so the tenant was liable for $350. The Tribunal rejected the blinds claim because the evidence did not adequately show their initial condition, mould and age contributed to their condition, some claimed replacement was unsupported, and the landlord had failed to repair or replace damaged blinds when requested. The Tribunal found the tenant caused wall damage beyond fair wear and tear, supported by the outgoing report and photographs, but allowed depreciation for the three year tenancy, awarding $1,603 for repair, patching and...

Jurisdiction
Australia
Judgment Date
06 September 2023
Procedural Posture
Residential Tenancy Rental Bond Application / Principal Judgment After Hearing
Outcome
Application otherwise dismissed; tenant ordered to pay landlord $1,953 within fourteen days.
Legal Topics
['rental Bond' 'fair Wear and Tear' 'tenant Liability for Damage' 'evidence of Condition and Repair Costs']
['residential Tenancy Law' 'consumer and Commercial Law'] ['rental Bond' 'fair Wear and Tear' 'tenant Liability for Damage' 'evidence of Condition and Repair Costs']

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 Rental Bond Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the tenant was liable to reimburse the landlord for steam cleaning of carpets at the end of the tenancy.' 'Whether the tenant was liable for replacement of blinds in the three bedrooms and kitchen.' 'Whether the tenant was liable for repair, patching and painting of damaged walls.' 'What amount, if any, should be paid to the landlord from or in respect of the rental bond under s 175 of the Residential Tenancies Act 2010.']

Ratio Decidendi

The Tribunal found that the carpet was stained at the end of the tenancy beyond fair wear and tear and that the tenant had not proved it had been steam cleaned, so the tenant was liable for $350. The Tribunal rejected the blinds claim because the evidence did not adequately show their initial condition, mould and age contributed to their condition, some claimed replacement was unsupported, and the landlord had failed to repair or replace damaged blinds when requested. The Tribunal found the tenant caused wall damage beyond fair wear and tear, supported by the outgoing report and photographs, but allowed depreciation for the three year tenancy, awarding $1,603 for repair, patching and...

Court Disposition

Application otherwise dismissed; tenant ordered to pay landlord $1,953 within fourteen days.

Orders

  • ['In accordance with s 175 of the Residential Tenancies Act 2010 the applicant Lorraine Chacko is to pay the respondent Shaun Sursok the sum of $1,953 within fourteen days from the date of these orders.' 'The application is otherwise dismissed.']