Del Castillo and Consales v Arsala and Arsala [2021] NSWCATCD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Del Castillo and Consales v Arsala and Arsala [2021] NSWCATCD 16 Hearing dates: 12 March 2021 Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Consumer and Commercial Division Before: S Sutherland, General Member Decision: 1. The tenant is to pay the landlord the amount of $366.00 immediately from the rental bond number F048791-X. 2. I direct Rental Bond Services to pay the landlords, Waghma Arsala & Jamil Arsala the amount of $366.00 from Rental Bond No. F048791-X. The balance of the rental bond is to be paid to the tenants Marco Consales and Myranne Del Castillo. Catchwords: LANDLORD AND TENANT – Claim on Bond – fair wear and tear - pre-existing condition of swimming pool Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Haskell v Marlow [1928] 2 KB 45 Alamdo Holdings Pty Limited v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWCA 224 Texts Cited: Nil Category: Principal judgment Parties: Myryann Del Castillo and Marco Consales (Applicants) Waghma Arsala and Jamil Arsala (Respondents) File Number(s): RT 20/45735 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application by the tenants for an order concerning the payment of the rental bond. The rental bond in the amount of $2,760 is frozen with the rent bond service. The claim by the landlord can be itemised as follows: Pool cleaning $93 Replace stove top $366 Replace garage remote $165 1. The tenants amended their claim to include compensation in the amount of $540. The tenant's documents are marked, Exhibit A1 and the landlord's documents are marked, Exhibit R1. 2. I will refer to the applicants as "the tenant/s" and the respondents as "the landlord/s".