Fitzharris v Llic

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Fitzharris v Llic [2019] NSWCATCD 81

Hearing dates:

13 May 2019

Date of orders:

24 June 2019 - Amended 7 August 2019

Decision date:

24 June 2019

Jurisdiction:

Consumer and Commercial Division

Before:

S Daly, General Member

Decision:

The orders sent to you have been amended under Section 63 of the NSW Civil and Administrative Tribunal Act 2013 and should read as follows:

The Respondents, Dragoslav & Natasha Llic to pay the Applicant, Katherine Fitzharris the sum of $7325.04 within 28 days of the date of these orders.

Catchwords:

RESIDENTIAL TENANCY - Residential Tenancy Agreement - Termination - Landlord's statutory obligations - Reasonable state of cleanliness - Breach of Landlord 

Legislation Cited:

Residential Tenancies Act 2010 (NSW)

Cases Cited:

Bhandrari v Laming [2015] NSWCATAP 224

Proudfoot v Hart (1890) 25 QBD 420

Menashi v Ly [1997] NSWRT 162

Raats v Zein [2016] NSWCATCD 62

De Soleil v Palmhide Pty Ltd [2010] NSWCTTT 464;

Fairly v Stadlmann [2005] NSWCTTT 482

Kuek vBettrfielf [2004] NSWCTTT 210

Lewin v Zhou [2018] NSWCATD 54

Raats v Zein [2016] NSWCARCD 62

Bartley and Zawiolkowski v Harris Park Holdings Pty Ltd [2010] NSWCTTT 592

Stuart v Colley [2004] NSWCTTT 179

Roberts v Bell [2001] NSWRT 6

Category:

Principal judgment

Parties:

Katherine Fitzharris (Applicant)
Dragoslav & Natasha Llic (Respondents)

Representation:

Applicant (self-represented)
Georgia Tassis (for the respondent)

File Number(s):

RT 19/09588

Publication restriction:

Nil

REASONS FOR DECISION

Factual Background

1. The Applicant, tenant entered into a Residential Tenancy Agreement with the Respondents, landlords on 31 January 2019. The term of the Agreement was 52 weeks and covered the period 1 February 2019 – 30 January 2010. The property was in Sandringham, NSW. Prior to signing the Agreement, the Applicant paid a holding deposit. At the time of signing, the Applicant paid a bond equalling 2 weeks rent. The rent payable was $520 per week.

2. Prior to signing the Agreement the Applicant says she inspected the property. Pm 17 January 2019 at about 4.30pm. The Applicant says that there was a tenant living there, the property was full of the tenant's belongings and there were boxes everywhere on the floor. The Applicant says that the agent told her that the property was very messy but that it would be professionally cleaned, carpets would be cleaned and things would be sorted before the Applicant moved in.

3. The Applicant received a complete set of keys after 6pm on 31 January and a copy of a condition report for her to complete within 7 days.

4. She went to the property after 6pm, inspected it and sent an email to the agent of the Respondents expressing concerns about the state of the property as follows:

"Hi Georgia,

Firstly thanks for calling in with the right key in the arvo, at least we got in and didn’t have to call a locksmith. You were very professional and easy to deal with lease etc so thanks. I was keen to get back and…