Sakr v Saward [2016] NSWCATCD 32

Sakr v Saward [2016] NSWCATCD 32

The landlord did not prove breach of Section 51(3) for internal cleaning, floor tiles, locks, painting, blinds, or bedroom wardrobe shelving. The landlord did prove breach for holes in the fly screens, which were beyond fair wear and tear, and for rubbish left on the footpath at the end of the tenancy. Compensation of $170.00 for fly screens and $550.00 for rubbish removal was reasonable, so $720.00 was payable to the landlord from the bond and the remainder to the tenant.

Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Landlord's Claim for Rental Bond and Compensation Under the Residential Tenancies Act 2010 / Final Decision Following Hearing
Outcome
Application allowed in part.
Legal Topics
['rental Bond' 'landlord Compensation Claim' 'tenant Obligations on Vacant Possession' 'fair Wear and Tear' 'rubbish Removal' 'damage to Fly Screens' 'burden of Proof']
['residential Tenancy Law'] ['rental Bond' 'landlord Compensation Claim' 'tenant Obligations on Vacant Possession' 'fair Wear and Tear' 'rubbish Removal' 'damage to Fly Screens' 'burden of Proof']

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Procedural Posture

Landlord's Claim for Rental Bond and Compensation Under the Residential Tenancies Act 2010 / Final Decision Following Hearing

Legal Issues

  1. 1 ['Whether the landlord proved entitlement to the rental bond or any part of it under Section 175 of the Residential Tenancies Act 2010.' 'Whether the tenant breached Section 51(3) of the Residential Tenancies Act 2010 by failing to leave the premises as nearly as possible in the same condition, fair wear and tear excepted, and in a reasonable state of cleanliness.' 'Whether the landlord proved compensable damage or loss for cleaning, floor tiles, locks, painting, blinds, wardrobe shelving, fly screens, and rubbish removal.']

Ratio Decidendi

The landlord did not prove breach of Section 51(3) for internal cleaning, floor tiles, locks, painting, blinds, or bedroom wardrobe shelving. The landlord did prove breach for holes in the fly screens, which were beyond fair wear and tear, and for rubbish left on the footpath at the end of the tenancy. Compensation of $170.00 for fly screens and $550.00 for rubbish removal was reasonable, so $720.00 was payable to the landlord from the bond and the remainder to the tenant.

Court Disposition

Application allowed in part.

Orders

  • ['Rental Bond Services is directed to pay the landlord the sum of $720.00 from Rental Bond Number E787380-3.' 'The remainder of the bond is to be paid to the tenant.']