Salmo v Park [2015] NSWCATCD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Salmo v Park [2015] NSWCATCD 86 Hearing dates: 1 July 2015 Decision date: 17 July 2015 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1 The Tribunal makes a declaration pursuant to section 111(2) of the Residential Tenancies Act 2010 (the Act) that the tenant, Kyungai Park, failed to give a termination notice to the landlords, George and Therese Salmo, in respect of the Residential Tenancy Agreement, in accordance with Part 5 of the Act. 2 Pursuant to section 187(1)(c) of the Act, the tenant, Kyungae Park, is ordered to pay to the landlords, George and Therese Salmo, the sum of $4,500.00 within fourteen (14) days of the date of these orders, being a break fee arising from the tenant's early termination of the Residential Tenancy Agreement. 3 Pursuant to section 187(1)(c) of the Act, the tenant, Kyungae Park, is ordered to pay the landlords, George and Therese Salmo, the additional sum of $795.15 within fourteen (14) days of the date of these orders, being for the costs of cleaning of the swimming pool, garden and yard maintenance, and water usage in respect of the rented premises.

4 Pursuant to section 175 of the Act, Rental Bond Services is to pay to the Landlords, George and Therese Salmo, the whole of the tenant's rental bond No K809496-4 lodged in respect of the rented premises. Any amount received is to be credited against the money orders. Catchwords: RESIDENTIAL TENANCY; tenant early termination of fixed term tenancy; requirements for notice; break fee, landlords' claim for break fee; breach of agreement; landlords claim for breach of agreement; maintenance of swimming pool, maintenance of yard and garden; light globes; rental bond, landlord's claim for payment from rental bond. Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: George and Therese Salmo (applicants) Kyungae Park (respondent) Representation: Tenant in person Managing Agents for Landlords File Number(s): RT 15/39277 & RT15/40490 Publication restriction: Nil