L1 v T1 (Residential Tenancies)

L1, the applicant, brought proceedings against T1, the respondent, before the Civil and Administrative Tribunal (the Tribunal) in relation to a dispute over a bond return following the termination of a residential tenancy agreement. The applicant sought the return of their bond, alleging that the respondent had not provided a bond return report. The respondent argued that the applicant had not fulfilled their obligations under the agreement and therefore was not entitled to the return of their bond.

The Tribunal had to determine whether the applicant was entitled to the return of their bond and, if so, how much of the bond should be returned. The legal issues before the Tribunal were whether the applicant had complied with their obligations under the residential tenancy agreement and whether the respondent had properly withheld the bond. The Tribunal also had to consider whether the respondent was entitled to withhold any amount of the bond for damages to the property or unpaid rent.

The Tribunal found that the applicant had complied with their obligations under the residential tenancy agreement and that the respondent had not provided a bond return report. The Tribunal determined that the respondent was entitled to withhold $1,560 of the bond for unpaid rent. The Tribunal ordered that the respondent pay the applicant $2,605, which included the full bond amount of $1,560 to be credited against the unpaid rent, and a further $1,045 to be paid by the respondent to the applicant. The Tribunal dismissed the respondent’s claims and directed that the reasons for the decision be published under pseudonyms.