Sakr v Saward [2016] NSWCATCD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sakr v Saward [2016] NSWCATCD 32 Hearing dates: 8 March 2016 Decision date: 13 May 2016 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, General Member Decision: 1. Rental Bond Services is directed to pay the landlord the sum of $720.00 from Rental Bond Number E787380-3. The remainder of the bond is to be paid to the tenant. Catchwords: RENTAL BOND - compensation to landlord Legislation Cited: Residential Tenancies Act 2010 ss51, 175 and 187 Cases Cited: Nicholas v Miernik [2011] NSWCTTT 293 Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 187 Category: Principal judgment Parties: Bassil Sakr (applicant) Stephanie Saward (respondent) Representation: Applicant: In person Respondent: In person File Number(s): RT 15/68419 Publication restriction: Nil

reasons for decision 1. The proceedings pertain to the landlord's claim for the bond from the tenant pursuant to Section 175 of the Residential Tenancies Act 2010 ('the RT Act') and for compensation under Section 187 of the RT Act due to the condition of the property at the end of the tenancy. The applicant ('the landlord') appeared and gave sworn evidence. The respondent ('the tenant') appeared and gave sworn evidence. The tenant's mother, Ms Keeble, appeared and gave sworn evidence. 2. There is a long history of discord and previous proceedings between the parties. There is no dispute that the parties were in the relationship of landlord and tenant. The landlord and the tenant resided in the same residence, with the tenant residing in a full self-contained portion of the lower ground floor and the landlord and his family residing upstairs. On 23 November 2015, the Tribunal made orders, after a contested hearing, awarding the tenant compensation for re-imbursement of electricity charges that had been not been administered by the landlord in accordance with the RT Act. A proposed rent increase by the landlord was set aside under Section 44(1(a) of the RT Act, and the tenant's claim for a rent reduction under Section 44(1)(b) of the RT Act due to a reduction or withdrawal of services was dismissed. The tenant subsequently vacated the property on 12 December 2015. 3. According to both parties, when the tenant vacated the property on 12 December 2015 there was an altercation between the parties, involving the tenant and her sister, and the landlord and his wife. There was a report to the police and police attended the premises. Both parties blamed the other party for the altercation. It is unnecessary to go into detail about the altercation on 12 December 2015, because it has little, if any, relevance to the issues in dispute in this application. 4. The amount of the bond is $1,280.00 and the bond is currently retained with NSW Fair Trading Rental Bond Services until the determination of the proceedings. The tenancy commenced on 5 September 2013 and ceased on 12 December 2015. The rent at the end of the tenancy was $350.00 per week. 5. The proceedings were filed on 30 December 2015. The landlord seeks compensation for breach by the tenant of the tenant's obligations under Section 51(3) of the RT Act. 6. The landlord claims the following compensation: 1. Replacement of lock to sliding door; cleaning of the property; rubbish removal and supply of mesh to sliding screen door and bedroom window. This aspect of the claim is based on a tax invoice of Smart Maintenance Services dated 28 December 2015 in the sum of $1,300.00; 2. Repainting the residence and replacing 2 porcelain tiles. This aspect of the claim is based on a tax invoice of Smart Maintenance Services dated 15 January 2016 in the sum of $1,300.00; 3. Replacing a vertical blind and cleaning 5 bundles of vertical blinds. The landlord states that he paid $530.00 in respect of such work. 1. The matter was before the Tribunal on 19 January 2016, when orders were made regarding the filing and serving of documentary evidence. Each party had filed and served documents in accordance with Tribunal directions. The documents of the landlord were as follows: 1. Chronology of events. 2. Ingoing inspection report, signed by both the landlord and tenant, dated 5 September 2013. 3. Outgoing inspection report of the landlord (not signed by tenant) with comments of landlord about the condition of the premises. 4. Tax invoice of Smart Maintenance Services dated 28 December 2015 (in respect of replacing sliding door lock; internal cleaning of premises; rubbish removal; and supply of mesh to sliding screen door and bedroom window) in the sum of $1,300.00; 5. Tax invoice of Smart Maintenance Services dated 15 January 2016 in the sum of $1,300.00 (in respect of painting of the property and replacing 2 porcelain tiles) in the sum of $1,300.00; 6. Quotation of Fleetmore Mobile Blind Cleaning dated 15 February 2016 in the sum of $530.00; 7. Photographs of the property taken at the ingoing inspection and outgoing inspection by the landlord. 1. The tenant's documents were as follows: 1. Photographs taken by the tenant in September 2015 (at the commencement of the tenancy) and on 12 December 2015 (at the end of the tenancy); 2. Tenant's copy of the ingoing inspection report; 3. Statutory declarations of Ms Samantha Saward (the tenant's sister) dated 15 January 2016; 4. Undated statement of the tenant's mother, Ms Patricia Keeble; 5. Copies of text messages between the parties.