Heshmati v Smith [2022] NSWCATCD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heshmati v Smith [2022] NSWCATCD 32 Hearing dates: 11 March 2022 Date of orders: 21 March 2022 Decision date: 21 March 2022 Jurisdiction: Consumer and Commercial Division Before: K Timbs, General Member Decision: The Rental Bond Services is directed to pay the landlord, Jason Smith, $800 from rental bond number S460120-7 with the balance of the bond, plus interest, to be paid to the tenant, Bijan Heshmati. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rental Bond claim Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Elhassen v Ayoub [2018] NSWCATAP 34 Patricia Panico v Crompton and Jennings [2015] NSWCATAP 110 Alamado Holdings Pty Ltd v Australian Window Furnishings (NSW) Pty Ltd [2006] NSWCA 224 Haskell v Marlow [1928] 2 KB 45 Adoncello v Sazdanoff [2006] NSWCTTT 577 Texts Cited: Nil Category: Principal judgment Parties: Bijan Heshmati (Applicant) Jason Smith (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): RT 22/03288 Publication restriction: NIL

REASONS FOR DECISION

Background 1. By application filed with the Tribunal on 25 January 2022 the tenant, Mr Bijan Heshmati, sought payment of a rental bond. 2. The tenant and the landlord, Mr Jason Smith, last entered into a residential tenancy agreement on 27 March 2021. Vacant possession of the property was given to the landlord on 19 January 2022. 3. A rental bond of 2,280 was lodged with the rental bond service in April 2019 when the parties first entered into an agreement. The bond is frozen until orders are made by the Tribunal. 4. The tenant seeks payment of the full bond and the landlord seeks end of tenancy charges of $1,200 to replace three plastic light fittings; a bathroom door and four doors for two bathroom vanity units.