Bowyer v McDonald and McDonald v Bowyer [2017] NSWCATCD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bowyer v McDonald and McDonald v Bowyer [2017] NSWCATCD 65 Hearing dates: 11 July 2017 Decision date: 25 July 2017 Jurisdiction: Consumer and Commercial Division Before: J. C. Thompson, General Member Decision: (1) Matter number RT 17/15064: the application is dismissed. (2) Matter number RT 17/16118: the Tribunal directs Rental Bond Service as the holder of rental bond No A949720-1 to pay out the bond monies of $1,400.00 and any accrued interest to Jess McDonald and Paul McDonald of PO Box 679 Walgett NSW 2832. Catchwords: Standing of vendor landlords; contradictory evidence; depreciation of fixtures. Legislation Cited: Residential Tenancies Act 2010, ss. 29, 30 and 76 Texts Cited: Residential Tenancies Law and Practice NSW, 6th edn, Federation Press 2014 Category: Principal judgment Parties: Brendon Bowyer & Kylie Bowyer (applicants/cross respondents) Jess McDonald and Paul McDonald (respondents/cross applicants) Representation: Applicants and Cross Respondents - Kylie Bowyer Respondents and Cross Applicants - Jess McDonald File Number(s): RT 17/15064 & RT 17/16118 Publication restriction: Nil

REASONS FOR DECISION

Background 1. In August 2006 Brendon Bowyer and his wife Kylie Bowyer ("the landlords") became the registered proprietors of residential premises at Walgett in Western New South Wales ("the premises"). 2. In early 2016 Paul McDonald and his wife Jess McDonald ("the tenants") agreed to take a tenancy of the premises. 3. In respect of the premises, the parties entered into a Residential Tenancy Agreement, signed by the landlords on 16 March 2016 and by the tenants on 21 March 2016, for the period of one year from 19 March 2016 to 19 March 2017, at a rent of $350.00 per week. 4. The tenancy came to an end in March 2017. These proceedings arise from allegations made by the landlords as to the condition of the premises at the conclusion of the tenancy. The landlords claim that the premises had the smell of dog urine and faecal matter, and that the carpets were stained and the venetian blinds damaged. 5. By Application dated 31 March 2017 the landlords claim from the tenants the sum of $6,000.00 as compensation for damage to the carpet and timber venetian blinds in the premises, claimed by the landlords to have arisen during the tenancy. Other complaints were raised by the landlords in their evidence but the claims in the Application are restricted to those in respect of carpet and blinds only. The Tribunal restricts its consideration to the carpet and blinds only. 6. The tenants oppose the making of any orders for compensation on the grounds that: 1. by the time the tenants vacated the premises, the landlords no longer owned the property, so have no standing to make their claim; 2. damage was pre-existing; 3. there is a lack of evidence in support of the landlords' case; and 4. in respect of quantum, any compensation for damage to the carpet and/or blinds should allow for depreciation of the value of the items. 1. By Application dated 6 April 2017 the tenants seek an order that the whole of the rental bond of $1,400.00 be paid over to them. 2. The hearing of the two matters together took place in Walgett on 11 July 2017. The decisions were reserved.