Klonaris & Klonaris v Pumpa (Residential Tenancies)
[2009] ACAT 20
•14 July 2009
AUSTRALIAN CAPITAL TERRITORY
CIVIL AND ADMINISTRATIVE TRIBUNAL
KLONARIS & KLONARIS v PUMPA (Residential Tenancies) [2009] ACAT 20
RT 159of 2009
Catchwords: RESIDENTIAL TENANCIES - Compensation – damage caused to premises due to kitchen fire – bond released by tenant – tenant vacated premises – condition of premises poor, not consistent with fire damage – bond insufficient for costs of repairs and unpaid utilities
Tribunal:J. Lennard, Senior Member
Date: 14 July 2009
AUSTRALIAN CAPITAL TERRITORY )
CIVIL AND ADMINISTRATIVE TRIBUNAL ) No: RT 159 of 2009
JOHN KLONARIS & ALICIA KLONARIS
(Applicants/tenants)
AND:
KYM SUSAN PUMPA
(Respondent/Lessor)
DECISION
Tribunal: J. Lennard, Senior Member
Date: 14 July 2009
Decision:
The respondent tenant is to pay the lessors an amount of $1815.37, (being $187.30 for water consumption and $1628.07 being the balance of the cost of repairs after allocation of the bond of $1400) within 14 days of the date of this order.
…………………………….
Senior Member
AUSTRALIAN CAPITAL TERRITORY )
CIVIL AND ADMINISTRATIVE TRIBUNAL ) No: RT 159 of 2009
JOHN KLONARIS & ALICIA KLONARIS
(Applicants/Lessors)
AND:
KYM SUSAN PUMPA
(Respondent/Tenant)
REASONS FOR DECISION
- The applicant lessors and the respondent tenant entered into a residential tenancy agreement in relation to premises at 50 William Webb Drive, Evatt, ACT on 9 February 2007, for an initial fixed term of 12 months.
- In late June 2008 a fire caused extensive damage to the kitchen in the premises and on 4 July 2008 the tenants vacated the premises.
- The tenant agreed to release the bond of $1400 to the lessors.
- On 13 March 2009 the lessors made an application to ACT Civil and Administrative Tribunal (‘the Tribunal’) for compensation in the amount of $1815 for repairs to the premises and unpaid water usage accounts.
- On 3 April 2009 ACAT heard the matter. The lessors were represented by Ms Sue Mortimer from LJ Hooker, Belconnen. There was no appearance by or on behalf of the respondent tenant.
- Ms Mortimer gave evidence to the Tribunal that while the tenant had agreed to release the bond of $1400 to the lessors, she was refusing to pay any further amount as compensation for damage to the premises. The lessors make no claim in relation to the damage caused to the premises by the fire in the kitchen. Ms Mortimer in her written application stated that the tenant returned the premises in a condition not consistent with fire damage. In support of the application for compensation Ms Mortimer provided the Tribunal with a copy of an unpaid invoice for water consumption, the final inspection report dated 4 July 2008, photos of the premises and an invoice for work done at the premises for a total amount of $3028.07 (after deduction of the bond amount the lessors claim $1628.07).
- Upon examination of this evidence the Tribunal noted that the condition of the premises as described in the final inspection report, and as seen in the photos was very poor and it was evident that repairs were needed to the fly screens, fence, bathroom, vertical drapes, doors and internal walls and that the gardens required considerable maintenance.
- However, the Tribunal declined to make the orders sought because the lessors had not provided a copy of the initial check in report on the premises, and thus the Tribunal had nothing with which to compare the final state of the premises. In addition the invoice had been supplied by the lessors. The lessors conduct a business as painters and decorators and Ms Mortimer gave evidence that the lessors had arranged for their business to undertake the repairs to the premises. The Tribunal has no objection to this per se, however in the interest of fairness, and taking into account that the tenant was not present at the hearing, the Tribunal formed the view that independent verification of the invoice was necessary.
- Ms Mortimer undertook to provide the report and quotes from other businesses for comparison. The tribunal thus adjourned the matter for a written decision.
- On 2 June 2009 Ms Mortimer provided the requested information to the tribunal.
- The check in report describes premises in very good condition, freshly painted and in good repair. The final inspection report and the photos supplied at the hearing show a damaged property, in particular there is damage to doors, walls, fly screens and the fence.
- A comparison of the quotes and the invoice presented by the lessors indicate that the repairs would have cost at least as much as the lessors charged and if the highest quotes were selected, 40% more.
ORDERS
- The respondent tenant is to pay the lessors an amount of $1815.37 (being $187.30 for water consumption and $1628.07 being the balance of the cost of repairs after allocation of the bond of $1400) within 14 days of the date of this order.
…………………………………………….
Senior Member, J. Lennard
PUBLICATION DETAILS
TO BE PUBLISHED
To be completed by Tribunal Staff
PART A FILE NO: RT 09/159
APPLICANT: JOHN KLONARIS & ALICIA KLONARIS
RESPONDENT: KYM SUSAN PUMPA
COUNSEL APPEARING: APPLICANT:
RESPONDENT:
SOLICITORS: APPLICANT:
RESPONDENT:
OTHER: APPLICANT: MS SUE MORTIMER
RESPONDENT: NO APPEARANCE
TRIBUNAL MEMBER: MS J LENNARD
DATE OF HEARING: 3 APRIL 2009 PLACE: CANBERRA
DATE OF DECISION: 14 JULY 2009 PLACE: CANBERRA
PART B
RECOMMENDATION:
FULL REPORT ( ) CASE NOTE ( ) UNREPORTED DECISION ( )
COMMENTS:
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0
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