James v Stuart [2022] NSWCATCD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James v Stuart [2022] NSWCATCD 35 Hearing dates: 21 March 2022 Date of orders: 29 March 2022 Decision date: 29 March 2022 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: 1. The Tribunal directs the Rental Bond Board to pay the whole of rental bond No. B009964-9 to the applicant/tenant. Catchwords: LEASES AND TENANCIES – tenant's obligation not to damage premises – fair wear and tear – tenant's obligation to leave premises in reasonable state of cleanliness - rental bond - payment and release Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Orlaith James (Applicant)

Michael Stuart and Dena Murdoch (Respondents) Representation: Applicant (Self-represented)

C Henriques (Property Manager) (Respondent) File Number(s): RT22/05450 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. On 8 February 2022 the applicant, as the former tenant of residential premises, lodged an application with the Tribunal against the respondents as the landlords of the premises (the Application). The applicant seeks an order for the payment of a rental bond under s 175 of the Residential Tenancies Act 2010 (NSW) (RTA). 2. The respondents oppose the Application on the basis that the applicant and her co-tenant: 1. caused damage to the floor boards in the premises; 2. caused damage to a kitchen granite bench top in the premises; and 3. did not leave the premises in a satisfactory state of cleanliness on vacating the premises. 1. The rental bond provided by the applicant and her co-tenant has not been released by the Rental Bond Board pending determination of the dispute between the parties. 2. At the hearing on 21 March 2022, the applicant was self-represented and the respondents were represented by their property manager, Ms Henriques. 3. The hearing proceeded by telephone. At the hearing each party was given an opportunity to present their evidence, ask questions of the other party and make submissions. 4. Both the applicant and Ms Henriques participated in the hearing in a respectful manner and the Tribunal is grateful for their assistance and co-operation in the conduct of the hearing.