Glashoff v Wylie [2020] NSWCATCD 15

Glashoff v Wylie [2020] NSWCATCD 15

The landlord is entitled to compensation for patching and painting ($350) and partial bath repair ($250) caused by tenants' breaches and failure to comply with special conditions; failure to maintain garden/clothesline ($200) warranted compensation. All other items alleged by the landlord were either fair wear and tear, pre-existing, insufficiently proven, or not tenant liability.

Jurisdiction
Australia
Judgment Date
30 January 2020
Procedural Posture
Residential Tenancy Compensation Claim / Principal Judgment
Outcome
Application partly granted, bond distributed as ordered.
Legal Topics
['residential Tenancy' 'rental Bond' 'fair Wear and Tear' 'compensation' 'condition Reports']
['tenancy' 'consumer Law'] ['residential Tenancy' 'rental Bond' 'fair Wear and Tear' 'compensation' 'condition Reports']

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Procedural Posture

Residential Tenancy Compensation Claim / Principal Judgment

Legal Issues

  1. 1 ['Is the landlord entitled to compensation from the rental bond for alleged damage and breaches by tenants?' 'Which items constitute tenant liability versus fair wear and tear?' 'Were special conditions of the residential tenancy agreement breached?']

Ratio Decidendi

The landlord is entitled to compensation for patching and painting ($350) and partial bath repair ($250) caused by tenants' breaches and failure to comply with special conditions; failure to maintain garden/clothesline ($200) warranted compensation. All other items alleged by the landlord were either fair wear and tear, pre-existing, insufficiently proven, or not tenant liability.

Court Disposition

Application partly granted, bond distributed as ordered.

Orders

  • ['Rental Bond Services is directed to pay the landlord, Sean Glashoff, the sum of $800.00 from Rental Bond No. K990907-3.' 'Rental Bond Services is directed to pay the tenants, Annabel Wylie, Lucy Watson, James Cameron and Jack Patrick, the balance of the bond together with any interest.']