CARVALHO and SILVA & SCARLETT (Residential Tenancies)

The case involved the applicant, a tenant, and the respondent, the landlord, in a dispute over the return of a security deposit under the Residential Tenancies Act 1995 (Vic). The applicant sought the return of her security deposit, arguing that the respondent had failed to return it within the statutory time frame. The matter was heard in the VCAT. The primary legal issue before the tribunal was whether the respondent had complied with the statutory requirement to return the security deposit within 21 days of the tenancy's termination. The applicant argued that the respondent had not returned the deposit within the required period, while the respondent claimed that the delay was justified due to deductions for repairs and cleaning.

The tribunal considered the evidence presented by both parties, including the terms of the lease, the condition of the property at the end of the tenancy, and the respondent's claim of deductions. The tribunal found that the respondent had failed to return the deposit within the statutory period and that the deductions made were not justified. The tribunal ordered the respondent to pay the applicant the full amount of the security deposit, plus interest, within a specified timeframe. The tribunal also noted that the respondent's failure to return the deposit within the required period was a breach of the Act and ordered the respondent to pay the applicant's costs of the proceeding.