Bewley v Steble [2022] NSWCATCD 209

Bewley v Steble [2022] NSWCATCD 209

The landlord proved only limited tenant liability. Most claimed deterioration was not established as tenant-caused damage beyond fair wear and tear, was affected by the age and condition of the premises, insufficient evidence, depreciation, or the landlord's failure to maintain the premises. The tenant was liable for office-chair scratches to bedroom timber flooring, repainting the laundry and pantry door, and restoring doors and trims, resulting in total compensation of $3,050 payable from the bond.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Residential Tenancy Compensation and Rental Bond Application / Principal Judgment After Hearing
Outcome
Application allowed in part; tenant ordered to pay landlord $3,050 compensation, with that amount to be paid from the rental bond and the balance returned to the tenant.
Legal Topics
['rental Bond' 'compensation' 'fair Wear and Tear' 'depreciation' 'landlord Repairs and Maintenance Obligations']
['residential Tenancy Law' 'consumer and Commercial Law'] ['rental Bond' 'compensation' 'fair Wear and Tear' 'depreciation' 'landlord Repairs and Maintenance Obligations']

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Procedural Posture

Residential Tenancy Compensation and Rental Bond Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the tenant was liable to compensate the landlord for claimed damage to lawns, leadlight windows, security door, timber floors, painting, doors and trims, and a lawnmower.' 'Whether claimed items were damage beyond fair wear and tear after a 9.5 year tenancy.' 'Whether the landlord had established an entitlement to some or all of the rental bond.' "Whether depreciation and the landlord's own maintenance obligations affected the compensation payable."]

Ratio Decidendi

The landlord proved only limited tenant liability. Most claimed deterioration was not established as tenant-caused damage beyond fair wear and tear, was affected by the age and condition of the premises, insufficient evidence, depreciation, or the landlord's failure to maintain the premises. The tenant was liable for office-chair scratches to bedroom timber flooring, repainting the laundry and pantry door, and restoring doors and trims, resulting in total compensation of $3,050 payable from the bond.

Court Disposition

Application allowed in part; tenant ordered to pay landlord $3,050 compensation, with that amount to be paid from the rental bond and the balance returned to the tenant.

Orders

  • ['Pursuant to s 187(1)(d) of the Residential Tenancies Act 2010 the respondent Mark Steble is to pay the applicant Roslyn Bewley compensation in the sum of $3,050 immediately.' 'Rental Bond Services is directed to pay the landlord Roslyn Bewley the sum of $3,050 from the rental bond number O919856-5 the balance of...