Kirby v Lang; Lang v Kirby [2023] NSWCATCD 85

Kirby v Lang; Lang v Kirby [2023] NSWCATCD 85

The Tribunal found that the tenants met their cleaning obligations, including paying for a professional clean, and that fair wear and tear applied to certain disputed items (cleaning, carpet cleaning, silicone). Claims for damage admitted by tenants were allowed in part, but costs sought by the landlord were reduced to a reasonable amount based on available evidence. Orders were made for distribution of the rental bond accordingly.

Jurisdiction
Australia
Judgment Date
15 August 2023
Procedural Posture
Rental Bond Dispute / Final Decision and Orders
Outcome
Orders made for partial payment to landlord from rental bond; balance to tenants.
Legal Topics
['rental Bond' 'compensation' 'tenancy Obligations' 'vacant Possession' 'reasonable Cleaning' 'wear and Tear']
['landlord and Tenant'] ['rental Bond' 'compensation' 'tenancy Obligations' 'vacant Possession' 'reasonable Cleaning' 'wear and Tear']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Rental Bond Dispute / Final Decision and Orders

Legal Issues

  1. 1 ['Entitlement to rental bond distribution' 'Responsibility for cleaning, carpet cleaning, fridge shelves, floor, pantry door, silicone replacement' 'Assessment of reasonable wear and tear']

Ratio Decidendi

The Tribunal found that the tenants met their cleaning obligations, including paying for a professional clean, and that fair wear and tear applied to certain disputed items (cleaning, carpet cleaning, silicone). Claims for damage admitted by tenants were allowed in part, but costs sought by the landlord were reduced to a reasonable amount based on available evidence. Orders were made for distribution of the rental bond accordingly.

Court Disposition

Orders made for partial payment to landlord from rental bond; balance to tenants.

Orders

  • ['Rental Bond Services is directed to pay the landlord, Angela Lang, the sum of $818.47 from Rental Bond number T028154-1. Any balance of the bond is to be paid to the tenant, Liam Kirby and Chelsey Gunning.']