Rathore v Fraietta; Fraietta v Rathore [2023] NSWCATCD 51

Rathore v Fraietta; Fraietta v Rathore [2023] NSWCATCD 51

The landlords proved entitlement to rent arrears and compensation for rubbish removal, damage to a power point, carpet cleaning and restoration of an unapproved vegetable patch, totalling $3,369.71, while claims for dishwasher damage, water arrears and painting were not allowed or not pressed. The tenants' cross-application failed because section 47 did not support repayment where no overpaid rent or compensable loss was shown, any section 44 rent reduction claim could not be brought after the tenancy had ended, substantial parts of the claim were out of time, and the evidence did not prove loss or landlord breach within the remaining claim period.

Jurisdiction
Australia
Judgment Date
06 April 2023
Procedural Posture
Residential Tenancy Application for Payment of Money, Compensation and Rental Bond Orders, With Tenants' Cross Application for Repayment of Rent or Other Payments / Principal Judgment After Hearing
Outcome
The landlords' application was allowed in part and the tenants' cross-application was dismissed.
Legal Topics
['rental Bonds' 'compensation' 'rent Arrears' 'condition of Premises at End of Tenancy' 'tenant Cross Application for Repayment of Rent' 'time Limits for Rent Reduction or Compensation Claims']
['residential Tenancy Law' 'consumer and Commercial Law'] ['rental Bonds' 'compensation' 'rent Arrears' 'condition of Premises at End of Tenancy' 'tenant Cross Application for Repayment of Rent' 'time Limits for Rent Reduction or Compensation Claims']

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Procedural Posture

Residential Tenancy Application for Payment of Money, Compensation and Rental Bond Orders, With Tenants' Cross Application for Repayment of Rent or Other Payments / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the tenants were liable to pay rent arrears and compensation for rubbish removal, damage, cleaning and gardening at the end of the tenancy.' 'Whether the landlords were entitled to payment of the rental bond.' "Whether the tenants' cross-application under section 47 of the Residential Tenancies Act 2010 for repayment of rent or other payments could succeed where the complaint concerned alleged failure to repair, smoke alarms, security and spider infestation." 'Whether the tenants could amend or pursue the claim as a rent reduction claim under section 44(1)(b) after the tenancy had ended.' "Whether any part of the tenants' monetary claim was out of time or unsupported by evidence of loss."]

Ratio Decidendi

The landlords proved entitlement to rent arrears and compensation for rubbish removal, damage to a power point, carpet cleaning and restoration of an unapproved vegetable patch, totalling $3,369.71, while claims for dishwasher damage, water arrears and painting were not allowed or not pressed. The tenants' cross-application failed because section 47 did not support repayment where no overpaid rent or compensable loss was shown, any section 44 rent reduction claim could not be brought after the tenancy had ended, substantial parts of the claim were out of time, and the evidence did not prove loss or landlord breach within the remaining claim period.

Court Disposition

The landlords' application was allowed in part and the tenants' cross-application was dismissed.

Orders

  • ['The tenants, Lui Fraietta and Tracey Fraietta, are to pay the landlords, Amer Rathore and Nazish Rathore, the sum of $3,369.71 immediately.' 'The Rental Bond Services is directed to pay the landlords, Amer Rathore and Nazish Rathore, the whole bond plus interest of Rental Bond number S723367-2. Any amount received...