Madden v LeClercq [2017] NSWCATAP 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Madden v LeClercq [2017] NSWCATAP 228 Hearing dates: 06 December 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Appeal Panel Before: G K Burton SC, FCIArb, Senior Member S Thode, Senior Member Decision: (1) Leave to appeal out of time granted.

(2) Appeal dismissed. Catchwords: Residential tenancy – return of bond Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Donna Madden and Ian James Dalgleish (Appellants) Greg LeClercq (Respondent) Representation: Self-represented (Appellants) K Fulton, managing agent (Respondent) File Number(s): AP 17/42724 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 August 2017 (written reasons 11 September 2017) Before: J A Ringrose, General Member File Number(s): RT 17/20732

Decision under appeal

reasons for decision 1. The appellants were the tenants and the respondent was the landlord under a written residential tenancy agreement of premises in Warriewood NSW dated 21 May 2012 for a fixed term of 12 months commencing 30 May 2012. The tenants vacated on 20 April 2017. 2. On the tenants vacating, the landlord's managing agent conducted an outgoing inspection on 23 and 26 April 2017 and prepared a report which was added to the ingoing inspection report at time of leasing. 3. The landlord then arranged cleaning of premises, some electrical repairs and repair of a lock, which were invoiced along with other matters totalling $1,529. The landlord as applicant claimed these costs from the bond in the primary application lodged 8 May 2017 with the female tenant as respondent, under s 175 of the Residential Tenancies Act 2010 (NSW) (RTA). The male tenant was later added as co-applicant. 4. The primary member heard the application on 8 August 2017. The landlord was only partly successful; the primary member ordered that $440 be paid out of the bond to the landlord and said the landlord had not proved his case on the other claims as one to be paid out of the bond. This represented about 44% of the cleaning invoice including GST. The primary member also ordered paid out of the bond $22 which was 25% of the electrical repair invoice including GST. 5. The tenants asked for written reasons which were provided to the parties on about 11 September 2017 (the date of the reasons).