Bewley v Steble [2022] NSWCATCD 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bewley v Steble [2022] NSWCATCD 209 Hearing dates: 07 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Consumer and Commercial Division Before: C Campbell, General Member Decision: 1. Pursuant to s 187(1)(d) of the Residential Tenancies Act 2010 the respondent Mark Steble is to pay the applicant Roslyn Bewley compensation in the sum of $3,050 immediately. 2. Rental Bond Services is directed to pay the landlord Roslyn Bewley the sum of $3,050 from the rental bond number O919856-5 the balance of the bond is to be paid to the tenant Mark Steble. Any amount received by the landlord is to be credited against the money order. Catchwords: Rental Bond – Compensation - Fair wear and tear - Depreciation Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Roslyn Bewley (Applicant) Mark Steble (Respondent) Representation: Counsel: N/A

Solicitors: N/A File Number(s): RT 22/39012 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application by the landlord seeking orders compensation and the bond pursuant to s 187 (1)(d) and 175 of the Residential Tenancies Act 2010 ("the Act"). 2. Both parties appeared at the hearing. The landlord appeared in person. The tenant appeared in the virtual hearing room as was overseas. 3. The landlord is seeking compensation in the sum of $28,685.84. In the directions made on the 29 September 2022 the Member noted the jurisdiction of the Tribunal for compensation claims was $15,000. The landlord consented to the jurisdiction of the tribunal 4. The parties entered into a residential tenancy agreement on 22 March 2013 and the tenant vacated on the 23 August 2022. The rent was $1,310 and a rental bond of $4,400 is currently held with Rental Bond Services 5. Both parties served their documentary evidence in accordance with the directions made by the tribunal. 6. The landlord claims the following: * Lawns: Maintenance Service P/L (21.09.22) $3650 * Leadlight window: Spectrum Art Glass (16.09.22) $2995 * Gable: No Quote provided $0 * Front security door: Kings Security Doors (20.09.22) $2,434 * Flooring: Sydney Floor Sanders (28.09.22) $5,376.80 * Patching and painting: Cannon Painting (25.09.22) $2,500 * Restoration of woodwork: Cannon Painting (25.09.22) $9,000 * Lawn mower: Pittwater Mowers (31.08.22) $124.35