Harris v Hill; Hill v Harris; [2015] NSWCATCD 84

Harris v Hill; Hill v Harris; [2015] NSWCATCD 84

The landlady proved unpaid rent of $640, a reasonable contribution of $290 for washing smoke-stained walls, and $200 for mirror tile damage, but did not prove entitlement to carpet replacement costs given the 12-year age of the carpet or stove repair costs where the failures were consistent with fair wear and tear. The landlady was therefore entitled to $1,130 from the tenant and from the rental bond, with the balance of the bond payable to the tenant.

Jurisdiction
Australia
Judgment Date
13 July 2015
Procedural Posture
Residential Tenancy Bond Claim and Landlord Compensation Claim / Principal Judgment After Hearing
Outcome
Landlady awarded $1,130.00; balance of the bond to be paid to the tenant.
Legal Topics
['rental Bond' 'landlord Compensation' 'unpaid Rent' 'fair Wear and Tear' 'carpet Damage' 'cleaning Costs' 'stove Repairs' 'mirror Tiles']
['residential Tenancy' 'consumer and Commercial Law'] ['rental Bond' 'landlord Compensation' 'unpaid Rent' 'fair Wear and Tear' 'carpet Damage' 'cleaning Costs' 'stove Repairs' 'mirror Tiles']

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Procedural Posture

Residential Tenancy Bond Claim and Landlord Compensation Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the tenant was entitled to return of the full rental bond lodged under the residential tenancy agreement.' 'Whether the landlady proved entitlement to compensation for unpaid rent, carpet replacement, washing walls, stove repairs and mirror tiles.' 'Whether alleged damage was beyond fair wear and tear.']

Ratio Decidendi

The landlady proved unpaid rent of $640, a reasonable contribution of $290 for washing smoke-stained walls, and $200 for mirror tile damage, but did not prove entitlement to carpet replacement costs given the 12-year age of the carpet or stove repair costs where the failures were consistent with fair wear and tear. The landlady was therefore entitled to $1,130 from the tenant and from the rental bond, with the balance of the bond payable to the tenant.

Court Disposition

Landlady awarded $1,130.00; balance of the bond to be paid to the tenant.

Orders

  • ['The tenant, Amelia Harris, is to pay the landlady, Margaret Hill, the sum of $1,130.00 immediately.' 'The Rental Bond Services is directed to pay the landlady, Margaret Hill, $1,130.00 of the bond of Rental Bond number A626588-5. Any amount received is to be credited against the money order.' 'The Rental Bond...