Beddoes v Macintosh & Prasser

[2023] NSWCATCD 30

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

Beddoes v Macintosh & Prasser [2023] NSWCATCD 30

Hearing dates:

1 March 2023

Date of orders:

29 March 2023

Decision date:

29 March 2023

Jurisdiction:

Consumer and Commercial Division

Before:

K Ross, Senior Member

Decision:

(1) The tenants Jason Macintosh and Jayminia Prasser are to pay the landlord the sum of $1179.65:

• Rent arrears       $607.65

• Carpet cleaning    $132.00

• Repairs       $440.00.

(2) The Rental Bond Board is to pay the landlord Jamie Beddoes the sum of $1179.65 from rental bond S862158-6 in satisfaction of the money order. The balance of the bond is to be paid to the tenants Jason Macintosh and Jayminia Prasser.

(3) The tenants’ application is dismissed.

Catchwords:

LANDLORD & TENANT: Residential tenancy – compensation - bond

Legislation Cited:

Residential Tenancies Act 2010

Residential Tenancies Regulation 2019

Civil and Administrative Tribunal Rules 2014

Civil and Administrative Tribunal Act

Cases Cited:

Jackson v NSW Land and Housing Corporation [2014] NSW CATAP 22

Category:

Principal judgment

Parties:

Jamie Beddoes (Applicant)
Jason Macintosh & Jayminia Prassen (Respondents)

Representation:

Applicant - Winkler & Russell, agents
Respondents - self-represented

File Number(s):

RT 22/55919, RT 23/03922

Publication restriction:

Unrestricted

REASONS FOR DECISION

Application

1. In these matters, the landlord seeks compensation from the tenants for the following at the end of the tenancy: rent from 24/11/2022 to 08/12/2022 $607.65, cleaning $1400.00, carpet cleaning $132.00 and repairs $440.00. The tenants oppose the orders sought and seek $13,400 compensation from the landlord for cleaning following two flood events, and for the effect of the flood on their use of the premises.

2. Both parties seek an order in respect of the bond.

Jurisdiction

3. The Tribunal is satisfied that there was a residential tenancy agreement between the parties, which commenced on 6 November 2020 and ended on 8 December 2022.

4. The Tribunal has jurisdiction to hear and determine this dispute pursuant to the Residential Tenancies Act 2010 (the RTA), subject to the following.

5. Section 190 of the RTA provides:

190 APPLICATIONS RELATING TO BREACHES OF RESIDENTIAL TENANCY AGREEMENTS

(1) A landlord or a tenant may apply to the Tribunal for an order in relation to a breach of a residential tenancy agreement within the period prescribed by the regulations after the landlord or tenant becomes aware of the breach or within such other period as may be prescribed by the regulations.

6. Regulation 39 of the Residential Tenancies Regulation 2019 provides:

(9) For the purposes of section 190(1) of the Act, the prescribed period is within 3 months after the applicant becomes aware of the breach.

7. The landlord’s claims are brought within time, but the tenants’ application was not lodged until 27 January 2023. I will need to consider whether time should be extended in respect of the tenant’s claim.

Background

8. The following facts are not disputed:

1. The tenancy commenced on 6 November 2020.

2. At the end of February 2022 there was a severe flood (“the first flood”) which affected the ground floor of the…