Bolitho-Howell v Kerrison and Tyler; Kerrison and Tyler v Bolitho-Howell [2023] NSWCATCD 54

Bolitho-Howell v Kerrison and Tyler; Kerrison and Tyler v Bolitho-Howell [2023] NSWCATCD 54

The landlords are entitled to compensation only for those damages proven to have been caused by the tenants, excluding items classified as fair wear and tear or not proven, and the tribunal exercised discretion to extend time for the landlords' application based on justice and lack of prejudice to the tenants.

Jurisdiction
Australia
Judgment Date
24 April 2023
Procedural Posture
Residential Tenancy Dispute / Final Determination
Outcome
Landlords' cross-application for compensation allowed in part; tenants' application dismissed.
Legal Topics
['rental Bond' 'landlord Compensation' 'fair Wear and Tear' 'extension of Time']
['residential Tenancies' 'consumer and Commercial Law'] ['rental Bond' 'landlord Compensation' 'fair Wear and Tear' 'extension of Time']

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Procedural Posture

Residential Tenancy Dispute / Final Determination

Legal Issues

  1. 1 ['Entitlement to rental bond' "Landlords' claim for compensation for damage to rented premises" 'Assessment of fair wear and tear' "Extension of time for landlord's application"]

Ratio Decidendi

The landlords are entitled to compensation only for those damages proven to have been caused by the tenants, excluding items classified as fair wear and tear or not proven, and the tribunal exercised discretion to extend time for the landlords' application based on justice and lack of prejudice to the tenants.

Court Disposition

Landlords' cross-application for compensation allowed in part; tenants' application dismissed.

Orders

  • ['The Tenants Kathy Bolitho-Howell and Leanne Bolitho-Howell are to pay the Landlords George Kerrison and Jamie Tyler the sum of $7755.20 on or before 15 May 2023.' 'Rental Bond Services is directed to pay the Landlords George Kerrison and Jamie Tyler the whole of rental bond number T099155-8.' 'Any amount received...