L J Hooker Belconnen and Richard Sempiol; (Residential Tenancies)

The parties were engaged in a dispute concerning the return of a bond paid at the commencement of a residential tenancy at 4/15 Coranderrk Street, Glebe, ACT. The tenant, Mr Sempiol, vacated the premises, and a final inspection was conducted by the lessor’s agent. The inspection report indicated that the premises were not left in a clean condition, with various areas requiring cleaning, including the kitchen, bathroom, and laundry. Photos taken during the inspection were also provided to the Tribunal. The lessor’s agent claimed that the tenant was present during the inspection and that these issues were brought to his attention, a claim which the tenant denied. The Tribunal found the agent’s evidence more credible on this point.

The lessor arranged for the unit to be cleaned by Luma Cleaning & Service, with the agent stating that only necessary cleaning was arranged, not a thorough ‘end of lease’ clean. The invoice for the cleaning reflected this, amounting to $230. During the tenancy, the tenant requested a second set of keys, which the agent agreed to, subject to the tenant organising them through the body corporate managers. The tenant arranged for a second set of keys and paid $48 for them. At the end of the tenancy, the agent requested the return of both sets of keys, but the tenant refused to return the second set unless the lessor reimbursed him for the $48 he paid for them. The lessor’s agent arranged for a locksmith to rekey the unit at a cost of $212. A bond of $1760 was paid at the start of the tenancy, and the lessor’s agent made a claim for a total of $442 from the bond, which the tenant denied liability for. The Tribunal had to determine whether the lessor was entitled to deduct the claimed amounts from the bond under the Residential Tenancies Act 1997.

The Tribunal considered whether the cost of cleaning was an allowable deduction from the bond. While the Act does not explicitly state costs of cleaning as a covered deduction, the Tribunal found that cleaning is an appropriate deduction, as leaving rented premises in an unclean condition constitutes damage. The Tribunal held that the premises should be returned to the lessor in a condition suitable for a new tenant to move in without further cleaning. Therefore, the lessor was entitled to be compensated for the reasonable cost of cleaning. The Tribunal also found that the lessor had an obligation to ensure the security of the premises, which included ensuring that all keys were in their control. The lessor had the option to pay the $48 for the second set of keys or rekey the unit, which cost $212. The Tribunal held that rekeying the unit was not a reasonable mitigation of loss and that the lessor was entitled to the full cost of rekeying.

The Tribunal ordered that the bond held by the Office of Rental Bonds be released, with $230 paid to the lessor for the cost of cleaning and $212 paid to the lessor for the cost of rekeying the unit, with the remaining $442 to be returned to the tenant.