Darius v Aron [2022] NSWCATCD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Darius v Aron [2022] NSWCATCD 4 Hearing dates: 31 January 2022 Date of orders: 4 February 2022 Decision date: 04 February 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The respondent is to pay the sum of $1,540.00 to the applicant immediately. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rights and obligations of landlords and tenants – Claim for return of the rental bond Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Knezevic v KIrby [2017] NSWCATAP 190 Macionis v Franklin [2021] NSWCATAP 367 Texts Cited: Nil Category: Principal judgment Parties: Emilie Darius (Applicant) Ronnie Aron (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): RT 21/43706 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. In these proceedings the applicant, Emilie Darius, who is the former tenant, seeks relief under s 175 of the Residential Tenancies Act 2010 (NSW) (RT Act) against the respondent, Ronnie Aron, who is the former landlord, of premises at Vaucluse (the premises) under an agreement between them (the agreement). 2. I have decided that the respondent owes the applicant $1,540.00.

The factual background 1. On 25 February 2021, the parties entered into agreement in respect of the premises for a period of six months commencing on 7 March 2021 at a rent of $355.00 per week and a rental bond of $1,540.00. 2. The respondent did not lodge the rental bond received from the applicant with Rental Bond Services. 3. On 5 September 2021, the applicant vacated the premises. 4. Subsequent to 5 September 2021, the respondent has retained the rental bond. 5. There is a dispute between the parties as to whether the applicant paid the balance of $830.00 of the rental bond to the respondent, and whether the respondent is entitled to claim $1,450.00 from the applicant for the payment of utility expenses and damages for breaches of the agreement.