Kirby v Lang; Lang v Kirby [2023] NSWCATCD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirby v Lang; Lang v Kirby [2023] NSWCATCD 85 Hearing dates: 6 June 2023 Date of orders: 15 August 2023 [amended 14 September 2023] Decision date: 15 August 2023 Jurisdiction: Consumer and Commercial Division Before: J. Alder, General Member Decision: Pursuant to section 63 of the Civil and Administrative Tribunal Act 2013, order (1)(c) made on 12 September 2023 is amended as follows: (1) The Rental Bond Services is directed to pay the landlord, Angela Lang, care of Cassidy Real Estate 108 Pittwater Road GLADESVILLE NSW 2111 Australia the sum of $818.47 from the Rental Bond number T028154-1. Any balance of the bond is to be paid to the tenant, LIAM KIRBY and CHELSEY GUNNING, 2/54 Ronald Avenue GREENWICH NSW 2065 Australia. NOTE: All rental bond payments are made by electronic transfer to a nominated bank account. If you have not already provided bank account details to NSW Fair Trading please contact 13 32 20 or email bondclaims@finance.nsw.gov.au Catchwords: LANDLORD AND TENANT – rental bond Legislation Cited: Residential Tenancies Act (NSW) 2010 Category: Principal judgment Parties: Liam Kirby and Chelsey Gunning (applicants/cross respondents)

Angela Lang (respondent/cross claimant) Representation: Applicants/cross respondents: self represented Respondent/cross claimant: represented by Ray White Gladesville File Number(s): RT 23/08808 RT 23/09075 Publication restriction: None

REASONS FOR DECISION

Summary of claim 1. The landlord claims the rental bond ($2,900) plus compensation in respect of the six items as set out below totalling $3,490.97. 2. The tenants dispute all items as to either liability or cost. 3. The tenants vacated the premises on or about 15 February 2023 after a 20 month tenancy. 4. There were two adults and two children who occupied the premises, which was a two bedroom, two bathroom unit in Mosman. 5. Ray White (Agent) managed the premises. 6. Section 51(3) of the Act sets out the obligations of the tenant when giving vacant possession of the leased premises back to the landlord. The obligations include – removing all personal items from the premises, leaving the premises as nearly as possible in the same condition as at the beginning of the tenancy (fair wear and tear excepted), leaving the premises reasonably clean, removing all rubbish from the premises and returning all keys. 7. The onus is on the landlord to prove her claims on the balance of probabilities. 8. Evidence was given by the owner, Ms Lang, who appeared virtually from overseas and her managing agent, Ms Paton who relied on documents filed 18 April 2023. The tenants, Mr Kirby and Ms Gunning gave evidence and relied on documents filed 31 March 2023. 9. Based on the evidence of the parties given at the hearing, in particular the ingoing and outgoing condition reports, a selection of photographs taken at the start and conclusion of the tenancy, invoices and quotes and the oral evidence of the Agent, landlord and tenants, I make findings below.