Glashoff v Wylie [2020] NSWCATCD 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Glashoff v Wylie [2020] NSWCATCD 15 Hearing dates: 10 January 2020 Date of orders: 30 January 2020 Decision date: 30 January 2020 Jurisdiction: Consumer and Commercial Division Before: S McDonald, Senior Member Decision: (1) In respect of Rental Bond No. K990907‑3, the Tribunal orders that Rental Bond Services is to pay the sum of $800.00 to the landlord, Sean Glashoff, and that the balance of the rental bond including any interest is to be paid to the tenants Annabel Wylie, Lucy Watson, James Cameron and Jack Patrick. Catchwords: LEASES AND TENANCIES — Residential tenancy —Claim for compensation by landlord — Frozen bond Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Harris v Hill [2015] NSWCATCD 84 Westpac General Insurance Limited v Cooper [2006] ASTSC 91 Texts Cited: Anforth on Residential Tenancies, Law and Practice, NSW, 6th Edition pp. 132-134 Category: Principal judgment Parties: Sean Glashoff (Applicant) Annabel Wylie (First Respondent) Lucy Watson (Second Respondent) James Cameron (Third Respondent) Jack Patrick (Fourth Respondent) Representation: J Fazzari (Power of Attorney) (Applicant) First, Second, Third and Fourth Respondent (Self-represented) File Number(s): RT 19/49186 Publication restriction: Nil

REASONS FOR DECISION

Background 1. This is an application by the landlord of residential premises (Landlord) at XX Morton Avenue, Lewisham, NSW, 2049 (Property) for compensation pursuant to s.175 of the Residential Tenancies Act 2010 (NSW) (Act) against the Respondents (Tenants) arising from a residential tenancy agreement (RTA) of the Property from the period of 4 May 2018 until approximately 17 October 2019 inclusive. 2. The RTA ran for a period of 12 months until 3 May 2019 at rental of $1,000.00 per week. At the conclusion of the term it then ran month‑to‑month at rental of $1,100.00 per week rent until its conclusion. The Tenants paid a rental bond of $4,000.00 which is 4 weeks' rent at the original rental in the RTA. The rental bond no. K990907‑3 remained at that sum throughout the tenancy until the Tenants left the Property on or about 17 October 2019. 3. The Landlord has disputed that the rental bond should be returned to the Tenants and has filed this application in the Tribunal contesting the sum of $3,395.11 of the rental bond. The Tenants have not filed an application seeking a return of their rental bond but have filed evidence in the Landlord's application disputing the Landlord's claim for $3,395.11 of the rental bond and seeking a return of the rental bond in full.