Chacko v Sursok [2023] NSWCATCD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chacko v Sursok [2023] NSWCATCD 147 Hearing dates: 23 June 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Consumer and Commercial Division Before: C Campbell, General Member Decision: (1) In accordance with s 175 of the Residential Tenancies Act 2010 the applicant Lorraine Chacko is to pay the respondent Shaun Sursok the sum of $1,953 within fourteen days from the date of these orders. (2) The application is otherwise dismissed. Catchwords: Rental bond -- fair wear and tear -- evidence Legislation Cited: Residential Tenancies Act 2010 (NSW) Category: Principal judgment Parties: Applicant: Lorraine Chacko

Respondent: Shaun Sursok Representation: Counsel: N/A

Solicitors: N/A File Number(s): RT 23/04894 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application by the tenant seeking an order for the rental bond in the sum of $3,520, pursuant to s 175 of the Residential Tenancies Act 2010 ("the Act"). The bond has been paid out in full to the tenant. 2. The landlord claims the tenant is liable for the costs associated with repairs and damage at the end of the tenancy, which is be deducted from the rental bond. 3. Both parties appeared in person. The rental bond was paid out in full to the tenant by Rental Bond Services. This may have happened when the applicant's former co-tenant withdrew an earlier application she had filed seeking an order for the rental bond. This was a separate dispute between the two former co-tenants which resolved. 4. By way of background the tenant and her former co-tenant first entered into a residential tenancy agreement with the landlord in August 2019. In August 2021 the landlord granted permission for the tenants to keep a pet dog. In or around November 2022 the former co-tenant vacated the premises and on the 26 November 2022 the landlord and Ms Chacko entered into a 12 month agreement. 5. On the 22 December 2022 a Provisional DVO was made with the tenant nominated as the person in need of protection. This was following an incident with the former co-tenant. The tenant was advised to vacate the premises and she served a Notice of Termination on the landlord in accordance with Part 3A of the Act and vacated on the 29 December 2022 6. The landlord made a number of claims for compensation, some of which he withdrew in the course of the hearing. The remaining items for which he claims compensation are as follows: 1. Steam cleaning of the carpet: $350 2. Replacement of blinds in the three bedrooms and the kitchen: $2080 3. Patching and repairs to damaged walls: $1,717.50 4. Painting of the damaged walls: $572.50 1. The landlord relies on the ingoing and outgoing condition reports. He also relies on quotations for each of the items claimed and additional photographic evidence. 2. The tenant does not concede liability for any of the claimed items. The tenant relies on written submissions, photographs, witness statements and evidence of cleaning and carpet cleaning.