Chandra v Masterman

Chandra commenced proceedings against Masterman in the Victorian Civil and Administrative Tribunal, seeking the return of a rental bond. Chandra claimed that the bond held by the Office of Rental Bonds should be fully refunded to her, whereas Masterman, as the former tenant, sought a partial refund. The dispute centred on deductions from the bond for unpaid rent and damage to the property.

The primary legal issue before the Tribunal was whether the deductions made from the bond were justified and, if so, the extent to which they were lawful. The Tribunal had to assess whether the deductions for unpaid rent and damage were correctly calculated and whether there was any evidence to support these deductions. Additionally, the Tribunal needed to determine if any overpayments had been made and should be refunded to the applicant.

In its decision, the Tribunal found that the deductions for unpaid rent were justified, but the calculation was incorrect, resulting in an overpayment. Regarding the damage to the property, the Tribunal determined that the deductions were excessive, as the claimed damage was not substantiated by evidence. Consequently, the Tribunal ordered a refund of $2,233.56 to the applicant, with the remaining $286.44 to be released to the respondents. The Tribunal concluded that the applicants were entitled to a full refund of the bond less the justified deductions for unpaid rent.