Fanti v Hargraves [2024] NSWCATCD 15

Fanti v Hargraves [2024] NSWCATCD 15

The landlord proved rental arrears of $1300 and proved only some breaches concerning specific damage, cleaning, rubbish removal, unauthorised alterations, light bulbs, skirting board damage and chair damage. The landlord failed to prove entitlement to utilities charges because invoices were not supplied, supply and usage charges could not be distinguished, and some claims were out of time. Many repair and cleaning claims were dismissed because the landlord did not prove breach, causation, condition at the start of tenancy, damage beyond fair wear and tear, adequate quantum, or mitigation. After allowing compensation totalling $6302 and deducting the $1300 bond already held by the...

Jurisdiction
Australia
Judgment Date
15 January 2024
Procedural Posture
Residential Tenancy Compensation Claim After End of Tenancy / Principal Judgment After Hearing
Outcome
Application allowed in part; otherwise dismissed.
Legal Topics
['rental Arrears' 'utilities Charges' 'rental Bond' 'tenant Obligations at End of Tenancy' 'damage to Premises' 'cleanliness' 'fair Wear and Tear' 'mitigation of Loss' 'ncat Compensation Orders']
['residential Tenancies' 'consumer and Commercial Tenancy Disputes'] ['rental Arrears' 'utilities Charges' 'rental Bond' 'tenant Obligations at End of Tenancy' 'damage to Premises' 'cleanliness' 'fair Wear and Tear' 'mitigation of Loss' 'ncat Compensation Orders']

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Procedural Posture

Residential Tenancy Compensation Claim After End of Tenancy / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the tenant owed rental arrears under the residential tenancy agreement.' 'Whether the tenant was liable for claimed utility charges, including whether claims were out of time or unsupported by invoices distinguishing usage and supply charges.' 'Whether the tenant breached obligations under the Residential Tenancies Act 2010 (NSW) by causing or negligently allowing damage, making unauthorised alterations, or failing to leave the premises reasonably clean and in substantially the same condition, fair wear and tear excepted.' 'Whether the landlord proved causation, foreseeability, quantum and mitigation of loss for each claimed repair and cleaning item.' 'What compensation should be awarded after deduction of the rental bond already held by the landlord.']

Ratio Decidendi

The landlord proved rental arrears of $1300 and proved only some breaches concerning specific damage, cleaning, rubbish removal, unauthorised alterations, light bulbs, skirting board damage and chair damage. The landlord failed to prove entitlement to utilities charges because invoices were not supplied, supply and usage charges could not be distinguished, and some claims were out of time. Many repair and cleaning claims were dismissed because the landlord did not prove breach, causation, condition at the start of tenancy, damage beyond fair wear and tear, adequate quantum, or mitigation. After allowing compensation totalling $6302 and deducting the $1300 bond already held by the...

Court Disposition

Application allowed in part; otherwise dismissed.

Orders

  • ['Within 28 days of these orders, the respondent is to pay the applicant $5002 for end of tenancy charges as set out at [151] – [152].' 'The application is otherwise dismissed.']