Hosseini v Charmoun [2021] NSWCATCD 3

Hosseini v Charmoun [2021] NSWCATCD 3

The landlord proved only that dead bugs and debris in light fittings meant those fittings were not left reasonably clean, and that the damaged bathroom light fitting and damage to paint on a bedroom door frame were new damage not amounting to fair wear and tear. The landlord did not prove that the other wall marks, paint patches, cleaning items or asserted carpet issues were the tenant's responsibility. The landlord was therefore entitled to retain only $350 from the bond, comprising $100 for cleaning and $250 for repairs, with the balance received by the landlord to be repaid to the tenant.

Jurisdiction
Australia
Judgment Date
20 May 2021
Procedural Posture
Residential Tenancy Rental Bond Dispute / Final Hearing; Principal Judgment
Outcome
Application substantially allowed; landlord entitled to retain $350 from the bond and required to repay the balance received from the bond to the tenant.
Legal Topics
['rental Bond' 'end of Tenancy Cleaning' 'repairs and Reinstatement' 'fair Wear and Tear' 'condition Reports']
['residential Tenancies' 'consumer and Commercial'] ['rental Bond' 'end of Tenancy Cleaning' 'repairs and Reinstatement' 'fair Wear and Tear' 'condition Reports']

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Procedural Posture

Residential Tenancy Rental Bond Dispute / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether the tenant left the premises as nearly as possible in the same condition as at the commencement of the tenancy, fair wear and tear excepted.' 'Whether the tenant left the premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy.' 'What amount, if any, the landlord was entitled to retain from the rental bond.']

Ratio Decidendi

The landlord proved only that dead bugs and debris in light fittings meant those fittings were not left reasonably clean, and that the damaged bathroom light fitting and damage to paint on a bedroom door frame were new damage not amounting to fair wear and tear. The landlord did not prove that the other wall marks, paint patches, cleaning items or asserted carpet issues were the tenant's responsibility. The landlord was therefore entitled to retain only $350 from the bond, comprising $100 for cleaning and $250 for repairs, with the balance received by the landlord to be repaid to the tenant.

Court Disposition

Application substantially allowed; landlord entitled to retain $350 from the bond and required to repay the balance received from the bond to the tenant.

Orders

  • ['The respondent landlord must pay to the applicant tenant the sum of $1,285.00 immediately.' 'The respondent landlord, Charbel Charmoun of c/- Open Real Estate Sydney, Villa 68A Sorrell Street, North Parramatta NSW 2151 Australia, must pay to the applicant tenant, Soghrs Hosseini of Unit 12/33-35 Saint Ann Street,...