Bhana v Chamoun [2017] NSWCATCD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bhana v Chamoun [2017] NSWCATCD 105 Hearing dates: 30 October 2017 Date of orders: 15 November 2017 Decision date: 15 November 2017 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) Pursuant to section 41 of the Civil and Administrative Tribunal Act 2013 time is extended to 11 August 2017 for this application to be made to the Tribunal, being the date the application was made.

(2) The Respondents, Layla Chamoun, Mallek Chamoun, George Chamoun and Joseph Chamoun, c/- Raine & Horne Burwood, XXX XXX Road, Burwood, NSW, 2134, Australia are to pay the Applicant, Pravin Bhana, X XXXX Street, Constitution Hill, NSW, 2145, Australia, the sum of $682.89 immediately Catchwords: BOARDING HOUSES – registrable boarding house - general boarding house – occupancy principles dispute – Occupancy principle 8 Payment of Security Deposits - resident's claim for occupation fees paid in advance on the date vacant possession was recovered – where the proprietors have applied the occupation fees to the costs of cleaning, rubbish removal, carpet replacement and changing the lock of the resident's room – where the resident was locked out after failing to deliver up possession of his room in accordance with a termination notice - where the proprietor did not require the resident to pay a security deposit – where the resident paid a key deposit - where the occupation agreement is not in writing -where there is no statutory or contractual basis upon which the proprietors are entitled to retain the key deposit or convert occupation fees paid in advance into security for the resident's failure to comply with a term of the occupancy agreement and Occupation Principles