Mishra v SMSF Investment One Pty Ltd [2023] NSWCATCD 80

Landlord established a breach of the tenant's duty to leave the premises in a reasonable state of cleanliness but only to the extent of $841.25; tenant failed to provide sufficient evidence of entitlement for any compensation claimed.

Jurisdiction: Australia
Judgment Date: 14 July 2023
Procedural Posture: Residential Tenancy Dispute / Principal Judgment
Outcome: Partial award to landlord from bond; tenant's application otherwise dismissed.
Legal Topics: ['rental Bond' 'compensation Claims' 'reasonable State of Cleanliness' 'fair Wear and Tear' "landlord's Obligations" "tenant's Obligations"]

['residential Tenancy' 'consumer and Commercial'] ['rental Bond' 'compensation Claims' 'reasonable State of Cleanliness' 'fair Wear and Tear' "landlord's Obligations" "tenant's Obligations"]

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Procedural Posture

Residential Tenancy Dispute / Principal Judgment

Legal Issues

1 ['Whether landlord is entitled to retain part of the rental bond for cleaning costs' 'Whether tenant is entitled to compensation for repairs, mould treatment, and rent abatement']

Ratio Decidendi

Court Disposition

Partial award to landlord from bond; tenant's application otherwise dismissed.

Orders

['Renting services is directed to pay the landlord SMSF Investment One Pty Ltd the sum of $841.25 from rental bond number P475837-2.' 'Any balance of the bond is to be paid to the tenant Anmol Mishra.' 'The application is otherwise dismissed.']