Dibb v Ferenc-Stojic; Ferenc-Stojic v Dibb [2022] NSWCATCD 212

Dibb v Ferenc-Stojic; Ferenc-Stojic v Dibb [2022] NSWCATCD 212

The landlord proved entitlement only to amounts for window repair, removal of the fridge, the living area door and garage remote, while the tenant proved overpaid rent to be credited against those amounts. The other bond claims were not established because the evidence did not show compensable loss beyond fair wear and tear, pre-existing condition, unsupported allegations, or renovation-related work. The tenant's rent reduction and quiet enjoyment claims were dismissed because they were brought after the tenancy ended or outside the relevant three-month period and were not sufficiently proved for recent alleged breaches.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Residential Tenancy Rental Bond and Compensation Applications / Final Determination After Contested Hearing
Outcome
Tenant ordered to pay landlord $607.85 immediately from the rental bond; balance of tenant's cross-application dismissed.
Legal Topics
['rental Bonds' 'breach of Quiet Enjoyment' 'compensation' 'condition Report' 'fair Wear and Tear' 'overpaid Rent']
['leases and Tenancies' 'residential Tenancy'] ['rental Bonds' 'breach of Quiet Enjoyment' 'compensation' 'condition Report' 'fair Wear and Tear' 'overpaid Rent']

Case Brief

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Procedural Posture

Residential Tenancy Rental Bond and Compensation Applications / Final Determination After Contested Hearing

Legal Issues

  1. 1 ['Whether the landlord was entitled to payment from the rental bond for alleged damage, cleaning, rubbish removal, garage remotes, windows, lawn, paint, blinds and lights.' 'Whether the tenant was entitled to repayment of overpaid rent.' 'Whether the tenant was entitled to compensation or rent reduction for alleged inability to use the swimming pool.' 'Whether the tenant was entitled to compensation for breach of quiet enjoyment arising from alleged unauthorised access.' 'Whether any order should be made to amend the condition report.']

Ratio Decidendi

The landlord proved entitlement only to amounts for window repair, removal of the fridge, the living area door and garage remote, while the tenant proved overpaid rent to be credited against those amounts. The other bond claims were not established because the evidence did not show compensable loss beyond fair wear and tear, pre-existing condition, unsupported allegations, or renovation-related work. The tenant's rent reduction and quiet enjoyment claims were dismissed because they were brought after the tenancy ended or outside the relevant three-month period and were not sufficiently proved for recent alleged breaches.

Court Disposition

Tenant ordered to pay landlord $607.85 immediately from the rental bond; balance of tenant's cross-application dismissed.

Orders

  • ['The tenant is to pay the landlord the sum of $607.85 immediately.' 'Rental Bond Services is directed to pay the landlord the sum of $607.85 of rental bond number P344916-9. Any amount received is to be credited against any money order for payment of money made by the Tribunal. Any balance of the bond is to be paid...