Del Castillo and Consales v Arsala and Arsala [2021] NSWCATCD 16

Del Castillo and Consales v Arsala and Arsala [2021] NSWCATCD 16

The only proven claim was damage to the glass stove top, which was not fair wear and tear but significant damage caused by the tenant, justifying deduction of $366 from the rental bond. Claims for pool cleaning and garage remote replacement were dismissed due to either the pool being cleaner at the end of tenancy than at the beginning or pre-existing issues with the remote. Tenant's compensation claim was dismissed. Remainder of bond to be paid to tenants.

Parties
Applicant: Myryann Del Castillo; Applicant: Marco Consales; Respondent: Waghma Arsala; Respondent: Jamil Arsala
Jurisdiction
Australia
Judgment Date
05 May 2021
Procedural Posture
Residential Tenancy Dispute / Final Decision
Outcome
Claim for stove top damage upheld; all other claims dismissed. Bond to be apportioned accordingly.
Legal Topics
Claim on Bond, Fair Wear and Tear, Pre Existing Condition
Landlord and Tenant Residential Tenancy Claim on Bond Fair Wear and Tear Pre Existing Condition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Myryann Del Castillo

Applicant

Marco Consales

Applicant

Waghma Arsala

Respondent

Jamil Arsala

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Decision

Legal Issues

  1. 1 Whether deductions from the rental bond claimed by the landlord are justified under the Residential Tenancies Act 2010 (NSW)
  2. 2 Whether the damage to the glass stove top constitutes fair wear and tear
  3. 3 Whether the swimming pool was left in a reasonable state of cleanliness

Ratio Decidendi

The only proven claim was damage to the glass stove top, which was not fair wear and tear but significant damage caused by the tenant, justifying deduction of $366 from the rental bond. Claims for pool cleaning and garage remote replacement were dismissed due to either the pool being cleaner at the end of tenancy than at the beginning or pre-existing issues with the remote. Tenant's compensation claim was dismissed. Remainder of bond to be paid to tenants.

Court Disposition

Claim for stove top damage upheld; all other claims dismissed. Bond to be apportioned accordingly.

Orders

  • The tenant is to pay the landlord the amount of $366.00 immediately from the rental bond number F048791-X.
  • I direct Rental Bond Services to pay the landlords, Waghma Arsala & Jamil Arsala the amount of $366.00 from Rental Bond No. F048791-X.