Bowyer v McDonald and McDonald v Bowyer [2017] NSWCATCD 65

Bowyer v McDonald and McDonald v Bowyer [2017] NSWCATCD 65

The landlords had standing because, on the facts, the tenancy ended at or around settlement and the landlord-tenant relationship did not transfer to the purchasers. However, the landlords did not prove on the balance of probabilities that the alleged carpet and blind damage arose during the tenancy. The landlords had not completed an ingoing condition report or an outgoing condition report, the tenants' evidence that stains and blind damage existed at the start of the tenancy was accepted, and photographs taken by the tenants on 20 March 2016 and by the landlords at the end of the tenancy both showed stained carpets and damaged blinds. The compensation application was therefore dismissed...

Jurisdiction
Australia
Judgment Date
25 July 2017
Procedural Posture
Residential Tenancy Applications Concerning Compensation for Alleged Damage to Premises and Payment of Rental Bond / Reserved Decision After Hearing
Outcome
Landlords' compensation application dismissed; tenants' bond application allowed.
Legal Topics
['standing of Vendor Landlords' 'condition Reports' 'alleged Tenant Damage' 'rental Bond' 'depreciation of Fixtures' 'contradictory Evidence']
['residential Tenancy Law' 'consumer and Commercial Tenancy Disputes'] ['standing of Vendor Landlords' 'condition Reports' 'alleged Tenant Damage' 'rental Bond' 'depreciation of Fixtures' 'contradictory Evidence']

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Procedural Posture

Residential Tenancy Applications Concerning Compensation for Alleged Damage to Premises and Payment of Rental Bond / Reserved Decision After Hearing

Legal Issues

  1. 1 ['Whether the landlords had standing to claim compensation after settlement of the sale of the premises.' 'Whether damage to carpets and timber venetian blinds arose during the tenancy.' 'Whether the landlords proved their compensation claim on the balance of probabilities despite the absence of signed ingoing and outgoing condition reports.' 'Whether any compensation should be reduced for depreciation of carpets and blinds.' 'Whether the rental bond should be paid to the tenants.']

Ratio Decidendi

The landlords had standing because, on the facts, the tenancy ended at or around settlement and the landlord-tenant relationship did not transfer to the purchasers. However, the landlords did not prove on the balance of probabilities that the alleged carpet and blind damage arose during the tenancy. The landlords had not completed an ingoing condition report or an outgoing condition report, the tenants' evidence that stains and blind damage existed at the start of the tenancy was accepted, and photographs taken by the tenants on 20 March 2016 and by the landlords at the end of the tenancy both showed stained carpets and damaged blinds. The compensation application was therefore dismissed...

Court Disposition

Landlords' compensation application dismissed; tenants' bond application allowed.

Orders

  • ['Matter number RT 17/15064: the application is dismissed.' 'Matter number RT 17/16118: the Tribunal directs Rental Bond Service as the holder of rental bond No A949720-1 to pay out the bond monies of $1,400.00 and any accrued interest to Jess McDonald and Paul McDonald of PO Box 679 Walgett NSW 2832.']