Heshmati v Smith [2022] NSWCATCD 32

Heshmati v Smith [2022] NSWCATCD 32

The landlord did not establish intentional or negligent conduct by the tenant causing the light fittings to lose shape, so that damage was fair wear and tear. The tenant was responsible for water damage to the upstairs bathroom door caused by minor flooding through negligence, and the reasonable repair cost was $500. The tenant was also responsible for water damage to vanity unit doors caused through negligence, but depreciation meant the reasonable repair cost was 50% of the quoted $600, namely $300. Accordingly, $800 of the bond was payable to the landlord and the balance to the tenant.

Jurisdiction
Australia
Judgment Date
21 March 2022
Procedural Posture
Residential Tenancy Rental Bond Claim / Final Decision After Hearing
Outcome
Application determined by directing payment of $800 from the rental bond to the landlord and the balance plus interest to the tenant.
Legal Topics
['rental Bond Claim' 'fair Wear and Tear' 'condition Reports' 'end of Tenancy Repairs']
['leases and Tenancies' 'residential Tenancies'] ['rental Bond Claim' 'fair Wear and Tear' 'condition Reports' 'end of Tenancy Repairs']

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Procedural Posture

Residential Tenancy Rental Bond Claim / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the tenant was entitled to payment of the full rental bond.' 'Whether damage to three plastic light fittings, a bathroom door and four vanity unit doors was caused by the tenant other than by fair wear and tear.' 'What reasonable repair costs, if any, should be paid to the landlord from the rental bond.']

Ratio Decidendi

The landlord did not establish intentional or negligent conduct by the tenant causing the light fittings to lose shape, so that damage was fair wear and tear. The tenant was responsible for water damage to the upstairs bathroom door caused by minor flooding through negligence, and the reasonable repair cost was $500. The tenant was also responsible for water damage to vanity unit doors caused through negligence, but depreciation meant the reasonable repair cost was 50% of the quoted $600, namely $300. Accordingly, $800 of the bond was payable to the landlord and the balance to the tenant.

Court Disposition

Application determined by directing payment of $800 from the rental bond to the landlord and the balance plus interest to the tenant.

Orders

  • ['The Rental Bond Services is directed to pay the landlord, Jason Smith, $800 from rental bond number S460120-7 with the balance of the bond, plus interest, to be paid to the tenant, Bijan Heshmati.']