Hayes v Oliver (Residential Tenancies)

The case of Hayes v Oliver (Residential Tenancies) involved a dispute between a tenant, Oliver, and a landlord, Hayes, regarding compensation for damage caused by smoking in the premises. The dispute was heard by the Civil and Administrative Tribunal of New South Wales. The central issue was the amount of compensation the landlord was entitled to claim for the costs of repairs to smoke-damaged walls and curtains, as well as the costs of the garden shed, which the tenant claimed were caused by the landlord.

The legal issues that the Tribunal had to decide included the extent of the damage caused by smoking, the costs of repairs and the extent to which the tenant was liable for those costs, and whether the landlord had acted reasonably in assessing the compensation. The Tribunal had to consider the evidence provided by both parties, including photographs, invoices and witness statements, to determine the amount of compensation that the tenant should pay to the landlord.

The Tribunal found that the tenant was liable for the damage caused by smoking in the premises, and that the landlord had acted reasonably in assessing the compensation. The Tribunal calculated the amount of compensation based on the cost of the repairs and the cost of the garden shed, and ordered the tenant to pay the landlord the sum of $7,520.38 in full and final satisfaction of the landlord's claim. The Tribunal also dismissed the tenant's counterclaim for the costs of the garden shed. Finally, the Tribunal ordered that the bond held by ACT Rental Bonds on behalf of the Territory was to be released to the landlord in partial satisfaction of the order, and that the balance of $5,680.38 was to be paid by the tenant by 31 December 2021.