Cheslett v Cloros [2023] NSWCATCD 108

Cheslett v Cloros [2023] NSWCATCD 108

The Landlord bore the onus of proving entitlement to the bond and compensation. Most claims failed because the Tribunal was not satisfied the Tenant caused damage beyond fair wear and tear, failed to leave the premises reasonably clean, or breached the tenancy agreement regarding ventilation and mould. The Landlord proved entitlement to $110 for professional carpet cleaning because a pet had been kept at the premises and the carpet had not been professionally cleaned by a carpet cleaner, and $300 as reasonable compensation for restoring a small carpet stain caused by the Tenant, but not for carpet replacement.

Jurisdiction
Australia
Judgment Date
14 August 2023
Procedural Posture
Residential Tenancy Rental Bond and Compensation Dispute / Principal Judgment After Hearing
Outcome
Application allowed in part; the Tenant was ordered to pay the Landlord $410.00, to be deducted from the rental bond, with the balance of the bond paid to the Tenant.
Legal Topics
['residential Tenancy Agreement' 'rental Bond Dispute' 'compensation for Cleaning and Damage' 'fair Wear and Tear' 'assessment of Compensation']
['tenancy Law' 'consumer and Commercial Law'] ['residential Tenancy Agreement' 'rental Bond Dispute' 'compensation for Cleaning and Damage' 'fair Wear and Tear' 'assessment of Compensation']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Landlord was entitled to payment from the rental bond or compensation for cleaning, mould removal, carpet cleaning, replacement of a kitchen mixer, replacement of stained carpet, replacement of blinds, repainting walls and ceilings, staining balcony timber, and reimbursement of expenses.' 'Whether claimed damage or deterioration was caused by the Tenant or was fair wear and tear.' 'Whether the Tenant left the premises reasonably clean having regard to their condition at the commencement of the tenancy.' 'Whether the Tenant breached the tenancy agreement by failing to adequately ventilate the premises and prevent mould.']

Ratio Decidendi

The Landlord bore the onus of proving entitlement to the bond and compensation. Most claims failed because the Tribunal was not satisfied the Tenant caused damage beyond fair wear and tear, failed to leave the premises reasonably clean, or breached the tenancy agreement regarding ventilation and mould. The Landlord proved entitlement to $110 for professional carpet cleaning because a pet had been kept at the premises and the carpet had not been professionally cleaned by a carpet cleaner, and $300 as reasonable compensation for restoring a small carpet stain caused by the Tenant, but not for carpet replacement.

Court Disposition

Application allowed in part; the Tenant was ordered to pay the Landlord $410.00, to be deducted from the rental bond, with the balance of the bond paid to the Tenant.

Orders

  • ['The Tenant Annabelle Cloros is to pay the Landlord Kevin Cheslett the sum of $410.00 immediately.' 'Rental Bond Services is directed to pay the Landlord Kevin Cheslett the sum of $410.00 from Rental Bond Number T047201-7. Any amount received is to be credited against the money order. Any balance of the bond is to...