Karavolas v Wang [2023] NSWCATCD 135

Karavolas v Wang [2023] NSWCATCD 135

The landlord proved entitlement to only $741.50 from the bond, comprising $600.00 for wall repairs and repainting, $54.00 for flyscreen repair, $5.00 for water use and $82.50 for cleaning. The remaining claims were not allowed because the evidence did not establish tenant-caused loss beyond fair wear and tear or the claimed condition at the commencement of the tenancy. Except for the allowed items, the tenants complied with their end of lease obligations under the Residential Tenancies Act 2010.

Jurisdiction
Australia
Judgment Date
27 September 2023
Procedural Posture
Residential Tenancy Rental Bond Application / Principal Judgment; Orders Made After Hearing
Outcome
The tenants were ordered to pay the landlord $741.50 immediately, to be paid from the rental bond, with the balance of the bond to be paid to the tenants.
Legal Topics
['rental Bonds' 'end of Lease Obligations' 'condition Reports' 'fair Wear and Tear' 'cleaning and Repairs']
['residential Tenancy Law'] ['rental Bonds' 'end of Lease Obligations' 'condition Reports' 'fair Wear and Tear' 'cleaning and Repairs']

Case Brief

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Procedural Posture

Residential Tenancy Rental Bond Application / Principal Judgment; Orders Made After Hearing

Legal Issues

  1. 1 ['Whether the landlord was entitled to payment from the rental bond for claimed end of lease costs.' 'Whether the tenants left the premises as nearly as possible in the same condition, fair wear and tear excepted, and in a reasonable state of cleanliness.' 'Whether particular claims for wall repairs and repainting, flyscreen repair, water usage, cleaning, garden pots, air conditioner repair, lawns and garden bed repair were proved.']

Ratio Decidendi

The landlord proved entitlement to only $741.50 from the bond, comprising $600.00 for wall repairs and repainting, $54.00 for flyscreen repair, $5.00 for water use and $82.50 for cleaning. The remaining claims were not allowed because the evidence did not establish tenant-caused loss beyond fair wear and tear or the claimed condition at the commencement of the tenancy. Except for the allowed items, the tenants complied with their end of lease obligations under the Residential Tenancies Act 2010.

Court Disposition

The tenants were ordered to pay the landlord $741.50 immediately, to be paid from the rental bond, with the balance of the bond to be paid to the tenants.

Orders

  • ['The tenants, Antonios Karavolas and Kristine Karavolas, are pay the landlord, Xiaomei Wang, the sum of $741.50 immediately.' 'The Rental Bond Services is directed to pay the landlord, Xiaomei Wang, the sum of $741.50 from the Rental Bond number T324549-6. Any balance of the bond is to be paid to the tenants,...