Beddoes v Macintosh & Prasser [2023] NSWCATCD 30

Beddoes v Macintosh & Prasser [2023] NSWCATCD 30

The landlord proved the rent arrears by the rent ledger and the tenants did not establish that the ledger was inaccurate. The landlord proved the carpets required cleaning and that repairs were required for damage conceded or otherwise found to have been caused by the tenants, so those amounts were allowed. The landlord did not prove the cleaning claim because the Tribunal placed little weight on the agent's evidence about date-stamped photographs, accepted the tenant had returned and cleaned at least some areas, was not satisfied marks on ceilings were caused by the tenants, and was not satisfied the quotation reliably reflected necessary cleaning costs. The tenants' claims for further...

Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Residential Tenancy Compensation and Rental Bond Dispute / Principal Judgment After Hearing
Outcome
Landlord's application allowed in part; tenants' application dismissed.
Legal Topics
['rent Arrears' 'end of Tenancy Cleaning' 'carpet Cleaning' 'repairs for Damage' 'rental Bond' 'rent Abatement' 'extension of Time']
['residential Tenancy Law' 'consumer and Commercial Tenancy Disputes'] ['rent Arrears' 'end of Tenancy Cleaning' 'carpet Cleaning' 'repairs for Damage' 'rental Bond' 'rent Abatement' 'extension of Time']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the tenants owed rent arrears for 24/11/2022 to 08/12/2022.' 'Whether the landlord proved entitlement to compensation for cleaning, carpet cleaning and repairs at the end of the tenancy.' 'Whether the Rental Bond Board should pay bond money to the landlord in satisfaction of any money order.' "Whether the tenants' compensation claim for flood-related cleaning costs and further rent abatement was brought within time or should be allowed to proceed by extension of time."]

Ratio Decidendi

The landlord proved the rent arrears by the rent ledger and the tenants did not establish that the ledger was inaccurate. The landlord proved the carpets required cleaning and that repairs were required for damage conceded or otherwise found to have been caused by the tenants, so those amounts were allowed. The landlord did not prove the cleaning claim because the Tribunal placed little weight on the agent's evidence about date-stamped photographs, accepted the tenant had returned and cleaned at least some areas, was not satisfied marks on ceilings were caused by the tenants, and was not satisfied the quotation reliably reflected necessary cleaning costs. The tenants' claims for further...

Court Disposition

Landlord's application allowed in part; tenants' application dismissed.

Orders

  • ['The tenants Jason Macintosh and Jayminia Prasser are to pay the landlord the sum of $1179.65, comprising rent arrears $607.65, carpet cleaning $132.00 and repairs $440.00.' 'The Rental Bond Board is to pay the landlord Jamie Beddoes the sum of $1179.65 from rental bond S862158-6 in satisfaction of the money order....