Novoa v Lu; Lu v Lopez [2021] NSWCATCD 40

Novoa v Lu; Lu v Lopez [2021] NSWCATCD 40

The landlord did not discharge the onus of proving that the tenants intentionally or negligently caused or permitted damage to the kitchen benchtop. Mr Lopez's statutory declaration was unchallenged, and the Tribunal was not satisfied as to the veracity of the later 17 February 2021 inspection report because no reason was given for issuing the contradictory 16 February 2021 inspection report to Mr Lopez the previous day. The landlord also had no evidence of the nature or cost of the claimed $1,000.00 repair. The tenants were therefore entitled to return of the whole rental bond plus interest, and the landlord's proceedings were dismissed.

Jurisdiction
Australia
Judgment Date
14 July 2021
Procedural Posture
Residential Tenancy Rental Bond and Compensation Proceedings / Final Hearing and Decision
Outcome
The tenants' rental bond claim succeeded; the landlord's proceeding for bond payment and compensation was dismissed.
Legal Topics
['rental Bond' 'tenant Obligations at End of Tenancy' 'condition Reports' 'fair Wear and Tear' 'damage to Premises' 'compensation for Repairs']
['residential Tenancies' 'consumer and Commercial Law'] ['rental Bond' 'tenant Obligations at End of Tenancy' 'condition Reports' 'fair Wear and Tear' 'damage to Premises' 'compensation for Repairs']

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Procedural Posture

Residential Tenancy Rental Bond and Compensation Proceedings / Final Hearing and Decision

Legal Issues

  1. 1 ['Whether the tenants breached the residential tenancy agreement or s 51(1)(d) of the Residential Tenancies Act 2010 (NSW) by intentionally or negligently causing or permitting damage to the kitchen marble benchtop.' 'Whether the tenants or landlord should receive the rental bond under s 175 of the Residential Tenancies Act 2010 (NSW).' 'Whether the landlord established an entitlement to compensation for repair of the kitchen benchtop.']

Ratio Decidendi

The landlord did not discharge the onus of proving that the tenants intentionally or negligently caused or permitted damage to the kitchen benchtop. Mr Lopez's statutory declaration was unchallenged, and the Tribunal was not satisfied as to the veracity of the later 17 February 2021 inspection report because no reason was given for issuing the contradictory 16 February 2021 inspection report to Mr Lopez the previous day. The landlord also had no evidence of the nature or cost of the claimed $1,000.00 repair. The tenants were therefore entitled to return of the whole rental bond plus interest, and the landlord's proceedings were dismissed.

Court Disposition

The tenants' rental bond claim succeeded; the landlord's proceeding for bond payment and compensation was dismissed.

Orders

  • ['Rental Bond Services is directed to pay the tenants, Javier Ricardo Lopez Novoa (also known as Javier Ricardo Lopez) and Jenny Marcela Lopez Novoa (also known as Jenny Marcela Lopez), the whole bond plus interest of Rental Bond number K791789-3.' 'Proceedings RT 21/14359 are dismissed.']