But v Baldwin

[2016] ACAT 9

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

BUT v BALDWIN (Residential Tenancies) [2016] ACAT 9

RT 15/997

Catchwords:              RESIDENTIAL TENANCIES – bond dispute – compensation – inoperative shower, dishwasher and heating – unusable deck – early vacating of premises by agreement

Legislation cited:      Residential Tenancies Act 1997 ss 72, 79, 82; standard residential tenancy terms cl 57, 59, 60

Cases cited:Brogan Prestige Properties and Strand & Black (Residential Tenancies) [2010] ACAT 60

Salem & Gizgeez v Abeygunasekara & Jeevanthan [2011] ACAT 9

Watson v Gaudon [2009] ACAT 15

Tribunal:                   President G C McCarthy

Date of Orders:  18 February 2016
Date of Reasons for Decision:         18 February 2016

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL       )          RT 15/997

BETWEEN:

ANGELA BUT

Applicant/Lessor

AND:

KATHLEEN BALDWIN

Respondent/Tenant

TRIBUNAL:             President G C McCarthy

DATE:  18 February 2016

ORDER

1. The lessor’s claim for the cost of replacement of a black powder-coated gate in the sum of $1,595 is dismissed.

2. The Office of Rental Bonds pay the amount of the bond held in dispute, being $1,595, to the tenant.

3. The lessor pay the tenant compensation in the amount of $2,167.45 made up of the following amounts.

   (a)Unusable downstairs shower - $400;

   (b)Unusable deck - $500;

   (c)Inoperative heating - $400;

   (d)Inoperative dishwasher - $400; and

   (e)Early vacating of the premises at the lessor’s request - $467.45.

4. The lessor pay the tenant the filing fee for the tenant’s counter-claim in the sum of $140.

   ………………………………..

   President G C McCarthy

REASONS FOR DECISION

1. On 29 December 2014, Ms Angela But and Ms Kathleen Baldwin commenced a residential tenancy of premises at 98 Gurrang Avenue Ngunnawal in the Australian Capital Territory as lessor and tenant, respectively. The rent was $700 per week. The tenant paid a bond of 4 weeks’ rent ($2,800) that was lodged with the Office of Rental Bonds.

2. Between 29 June 2015 and 10 August 2015, the lessor’s agent, Ms Alana Reid of InStyle Estate Agents, and Ms Baldwin exchanged emails regarding a proposal from the lessor that Ms Baldwin vacate the property early. The lessor offered payment towards Ms Baldwin’s cost of removal and compensation in consideration for Ms Baldwin leaving the premises early. Arising from those negotiations, the tenancy terminated by agreement on 21 August 2015.

3. A dispute then arose regarding return of the bond to the tenant. $976 and $229 were paid by agreement to the lessor and the tenant, respectively, however the balance of $1,595 is in dispute and remains in the Office of Rental Bonds trust account. This sum represents an amount that the lessor wishes to be paid to her by way of compensation for damage to a security gate at the leased premises.

4. The tenant disputed and continues to dispute liability to pay for the damage to the gate. This dispute caused the lessor to lodge an application dated 26 November 2015 with the Tribunal under section 79 of the Residential Tenancies Act 1997 (the RT Act) for compensation in the sum of $1,595 for the…