Bowdern v O'Connor (Residential Tenancies)

Bowdern v O'Connor (Residential Tenancies) involved a dispute between a tenant and a lessor regarding the return of a rental bond. The matter was brought before the Residential Tenancies Tribunal. The primary issue was the calculation and release of the bond, including deductions for damages and other expenses. The tenant argued that the lessor had incorrectly deducted an amount from the bond, while the lessor claimed that the deductions were justified.

The Tribunal addressed whether the deductions made by the lessor were permissible under the Residential Tenancies Act 1997. The tenant contested a deduction of $1,720, which the Tribunal found to be an incorrect credit applied to the tenant's account. This amount was deemed not to be an allowable deduction under the Act, as it was not related to damages or expenses owed to the lessor. The Tribunal also clarified that the $1,720 was an amount owed to the managing agent, not the lessor, and thus could not be deducted from the bond.

The Tribunal ruled that $86.43 of the disputed sum should be released to the lessor, with the remainder to be given to the tenant. The Tribunal noted that in another matter, RT 249/2025, it had ordered the lessor to refund $537.18 to the tenant as a partial refund of a break fee. The final orders of the Tribunal directed ACT Rental Bonds on behalf of the Territory to release $86.43 to the lessor and the remainder to the tenant. The Tribunal also noted that the $1,720 credit could not be deducted from the bond due to its impermissibility under the Act and its unrelated nature to the lessor's claims.