Harris v Hill; Hill v Harris

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Harris v Hill; Hill v Harris; [2015] NSWCATCD 84

Hearing dates:

10 June 2015

Decision date:

13 July 2015

Jurisdiction:

Consumer and Commercial Division

Before:

A P Coleman SC, Senior Member

Decision:

1.  The Landlord to be paid the sum of $1,130.00 with the balance of the bond, together with interest thereon to be paid to the tenant.

2.  I make the following orders:

(1)The tenant, Amelia Harris is to pay the landlady, Margaret Hill, the sum of $1,130.00 immediately.

(2)The Rental Bond Services is directed to pay the landlady, Margaret Hill, $1,130.00 of the bond of Rental Bond number A626588-5. Any amount received is to be credited against the money order.

(3)The Rental Bond Services is directed to pay the tenant, Amelia Harris, the balance of the bond of Rental Bond number A626588-5.

NOTE: If the other party does not comply with the order to pay money, a certified copy of the above money order may be obtained from the Tribunal for the purpose of enforcement action through the Local Court.

Catchwords:

RESIDENTIAL TENANCY - Claim for bond - claim for compensation by landlord

Legislation Cited:

Residential Tenancies Act (NSW) 2010

Cases Cited:

Westpac General Insurance Ltd v Cooper [2006] ACTSC 91

Texts Cited:

Anforth on Residential Tenancies, Law and Practice, New South Wales, 5th Ed.

Category:

Principal judgment

Parties:

Amelia Harris (Applicant) RT 15/29556; (Respondent) RT 15/35547
Margaret Hill (Respondent) RT 15/29556; (Applicant) RT 15/35547

File Number(s):

RT 15/29556 and RT 15/35547

Publication restriction:

Nil

reasons for decision

Background

1. Before the Tribunal are two applications. The first, in proceedings RT 15/29556 is a claim pursuant to s 175 of the Residential Tenancies Act 2010 (the Act) by the tenant, Ms Harris, for the return of the bond lodged by her under a residential tenancy agreement she entered into with Mrs Hill, the landlady. The amount of the bond lodged is $1,280.00.

2. The second application, in proceedings RT 15/35547, is an application pursuant to sections 175 and 181(1)(c) and (d) of the Act by the landlady, Mrs Hill for compensation from the tenant, Ms Harris, arising from the occupation by Ms Harris of the residential property. The amount claimed is $2,932.30.

3. Because the release of the bond, being the tenant’s money, is resisted by Mrs Harris she has the onus of establishing why it is that the tenant should not receive a full refund of the bond. Likewise, in respect to the compensation claim, Mrs Harris carries the onus of proving that she is entitled to compensation from the tenant.

4. Ms Harris appeared in person. Mrs Hill was granted leave pursuant to s 45(1)(b) of the Civil and Administrative Tribunal Act, 2013, to be represented by her daughter Ms Sandra Hill. Ms Harris did not object to Ms Hill representing her mother.

The Material Before the Tribunal

5. The Tribunal had the benefit of evidence from each party. The matters were heard together and evidence in one was evidence in…