Bartlett v Ramasamy

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

BARTLETT & ANOR v RAMASAMY (Residential Tenancies) [2016] ACAT 115

RT 188/2016

Catchwords:              RESIDENTIAL TENANCIES – transfer/posting clause – misleading advice on transfer/posting clause – time in which cleaning is to be done

Legislation cited:      Competition and Consumer Act 2010 (Cth) sch 2

Residential Tenancies Act 1997 ss 8, 46, 84

Tribunal:                   Senior Member A Anforth

Date of Orders:  19 August 2016

Date of Reasons for Decision:         17 October 2016

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL       )          RT 188/2016

BETWEEN:

ALLEN BARTLETT

First Applicant/Lessor

PAM BARTLETT

Second Applicant/Lessor

AND:

SARAVANAN RAMASAMY

Respondent/Tenant

TRIBUNAL:   Senior Member A Anforth

DATE:19 August 2016

ORDER

The Tribunal orders that:

1.The lessor is to pay the tenant $284 within 28 days.

……………Signed………..

Senior Member A Anforth

REASONS FOR DECISION

Summary

1.This case concerned:

(a)the application of a fair ‘posting’ clause allowed by section 8 of the Residential Tenancies Act 1997 (RTA) and misleading statements to the tenant from the lessors’ agent to the effect that the clause was only applicable to tenants who were military personnel; and

(b)the tenant’s obligation to have cleaning done before or at the time the tenancy ends and not to expect to retain the premises for cleaning purposes after rent obligations have finished.

2.An oral decision was given at the hearing on 19 August 2016. The lessors have sought reasons for that decision. Those reasons are set out below.

The reasons for the decision

3.The applicants are the owner and lessors of residential premises in the ACT let to the respondent as a tenant. The agreement was in the standard terms provided in schedule 1 of the RTA. The tenancy was for a fixed term commencing on 18 September 2015 for 12 months. The rent was $340.00 per week and the bond was $1360.

4.On 13 November 2015 the tenant gave the lessors written notice of his transfer to Brisbane in the course of his employment with the Commonwealth. He offered to introduce a replacement tenant.

5.The tenant vacated the premises on 23 November 2015 and returned the keys to the lessors’ agent. The final outgoing inspection had been arranged for that date but the plans miscarried. The tenant had arranged for cleaners to collect the keys from the lessors’ agent and carry out an end of lease clean on 5-6 December 2015 at a cost of $440. Ultimately these cleaners declined to undertake the task at the agreed cost.

6.The lessors had their cleaners attend the property on 14 December 2016 at a cost of $947.21 plus $155 for the carpets. The lessors did not take any photographs of the premises prior to the cleaning.

7.The tenant paid rent through until 5 January 2016 on the understanding that he was responsible for the rent until a new tenant was found. A new tenancy commenced on 6 January 2016. Had a fair posting clause provided for by section 8 of the RTA applied, the tenant would not have been liable…