Culmone v Churchill & Ors; Churchill & Ors v Culmone [2023] NSWCATCD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Culmone v Churchill & Ors; Churchill & Ors v Culmone [2023] NSWCATCD 90 Hearing dates: 09 June 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Consumer and Commercial Division Before: C Campbell, General Member Decision: (1) The Tribunal orders the landlord Tony Culmone, to pay the tenants Lachlan Churchill and Nicholas Brodie and Regan Grgurovic and Paul Churchill the sum of $400 within 14 days from the date of these orders. Catchwords: Compensation at end of tenancy – fair wear and tear- liability for pets – compensation for failure to repair-uninhabitable premises Category: Principal judgment Parties: Applicant: Tony Culmone

Respondents: Lachlan Churchill and Nicholas Brodie and Regan Grgurovic and Paul Churchill Representation: Counsel: N/A Solicitors: N/A File Number(s): RT 23/09473 RT 23/15774 Publication restriction: Nil

REASONS FOR DECISION 1. Matter number RT 23/09473 is an application by the landlord seeking an order for the tenants to pay compensation in the sum of $1,287 pursuant to s 187(1)(c) for of the Residential Tenancies Act 2010 ("RTA"). 2. A related application RT 23/15774 was filed by the tenant seeking compensation pursuant to ss 187(1)(c) and 187(1)(d) from the landlord on the grounds of a breach by the landlord for failing to repair 3. Mr Davies appeared on behalf of the landlord and Mr Churchill presented the evidence on behalf of the tenants.

MATTER RT 23/09473 Culmone v Churchill & Ors 1. Both parties filed evidence. The ingoing and outgoing condition reports are before the Tribunal, together with quotations, invoices and receipts. The landlord seeks the following: * Lawn mowing $250 * Re-string the washing line $150 * Patch and paint one wall $242 * Raven strip on the front door $100 * Fumigation $270 * General cleaning including the venetian blinds $495 1. The tenants deny liability for all the claims. The parties entered into a residential tenancy agreement on the 09 September 2021. The tenants vacated on the 08 February 2023. The outgoing inspection was undertaken on the 09 February 2023. The tenants claim they were not notified of the time or date of the outgoing inspection. The rental bond of $3,400 was paid to the tenants by Rental Bond Services on the 28 February 2023. 2. The landlord relies on a quotation from PMG Property Maintenance Group for the lawnmowing, restringing of the clothesline, patch and painting and the replacement of the raven strip. There are also quotes and invoices for the balance of the claims