Lin v Cornish [2015] NSWCATCD 134

Lin v Cornish [2015] NSWCATCD 134

The Tribunal found, on the balance of probabilities and considering all evidence, that while the tenants had undertaken some cleaning and repairs, further cleaning was still reasonably required to return the premises to a reasonable state, deducting from the landlord's claim aspects attributable to fair wear and tear or poor original condition. As such, the respondents were liable to pay for certain cleaning, pest control, replacement of keys, and repairs, amounting to $1,237.00 in total, to be paid from the rental bond.

Parties
Applicant: Tao Lin; Respondent: Lindsay Cornish; Respondent: Louise Coe
Jurisdiction
Australia
Judgment Date
27 October 2015
Procedural Posture
Residential Tenancy Dispute / Final Hearing and Decision
Outcome
Partial judgment for applicant (landlord); specific sum awarded from rental bond.
Legal Topics
Outgoing Condition Reports, Residential Tenancy Bonds, Repair and Cleaning Obligations, Evidence Weight, Fair Wear and Tear
Tenancy Consumer Law Outgoing Condition Reports Residential Tenancy Bonds Repair and Cleaning Obligations Evidence Weight Fair Wear and Tear

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Parties

Tao Lin

Applicant

Lindsay Cornish

Respondent

Louise Coe

Respondent

Procedural Posture

Residential Tenancy Dispute / Final Hearing and Decision

Legal Issues

  1. 1 Whether the respondent tenants left the premises in a reasonable state of cleanliness and repair at the end of the tenancy, having regard to the condition at the commencement of the tenancy
  2. 2 What amount, if any, the applicant landlord is entitled to claim from the rental bond for cleaning, repairs, and other alleged losses

Ratio Decidendi

The Tribunal found, on the balance of probabilities and considering all evidence, that while the tenants had undertaken some cleaning and repairs, further cleaning was still reasonably required to return the premises to a reasonable state, deducting from the landlord's claim aspects attributable to fair wear and tear or poor original condition. As such, the respondents were liable to pay for certain cleaning, pest control, replacement of keys, and repairs, amounting to $1,237.00 in total, to be paid from the rental bond.

Court Disposition

Partial judgment for applicant (landlord); specific sum awarded from rental bond.

Orders

  • The respondents must pay $1,237.00 to the applicant immediately.
  • Rental Bond Services is directed to pay the landlord, Lin Tao, $1,237.00 from Rental Bond Number E727494-1. Any amount received is to be credited against the money order. Any balance of the bond is to be paid to the tenants, Lindsay Cornish and Louise Coe.