INT Property Group Pty Ltd v Kaur [2022] NSWCATCD 142

INT Property Group Pty Ltd v Kaur [2022] NSWCATCD 142

The Tribunal found the tenants breached specific clauses of the residential tenancy agreement, particularly in failing to maintain lawns and gardens, failing to repair specific wall and door damage, and placing stars on ceilings. The Tribunal held the landlord had proved actual loss limited to certain elements and not as extensive as claimed, awarding $2,485.00 for proven breaches and dismissing the remainder as not supported to the extent alleged or as fair wear and tear.

Jurisdiction
Australia
Judgment Date
27 July 2022
Procedural Posture
Application for Compensation for Damage and Loss Under Residential Tenancy Agreement / Redetermination Following Successful Appeal and Remitter
Outcome
Claim partly allowed; compensation ordered for the landlord
Legal Topics
['residential Tenancies' 'breach of Tenancy Obligations' 'compensation for Damage' 'fair Wear and Tear' 'tenant and Landlord Responsibilities']
['tenancy Law' 'contract Law' 'consumer Law'] ['residential Tenancies' 'breach of Tenancy Obligations' 'compensation for Damage' 'fair Wear and Tear' 'tenant and Landlord Responsibilities']

Case Brief

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Procedural Posture

Application for Compensation for Damage and Loss Under Residential Tenancy Agreement / Redetermination Following Successful Appeal and Remitter

Legal Issues

  1. 1 ['Did the tenants breach their obligations under the residential tenancy agreement in respect of cleaning, garden maintenance, kitchen cabinetry, and damage to walls, ceilings, and doors?' 'What is the appropriate quantum of compensation for proven breaches, considering fair wear and tear?']

Ratio Decidendi

The Tribunal found the tenants breached specific clauses of the residential tenancy agreement, particularly in failing to maintain lawns and gardens, failing to repair specific wall and door damage, and placing stars on ceilings. The Tribunal held the landlord had proved actual loss limited to certain elements and not as extensive as claimed, awarding $2,485.00 for proven breaches and dismissing the remainder as not supported to the extent alleged or as fair wear and tear.

Court Disposition

Claim partly allowed; compensation ordered for the landlord

Orders

  • ['The tenants, Daljeet Kaur and Jaswinder Singh, must pay the landlord, INT Property Group Pty Ltd, $2,485.00 immediately.' 'The application is otherwise dismissed.']