Mary ABDEL-MASSIH v Sallem Al Qahtani
[2007] ACTRTT 4
•29 November 2006
Mary ABDEL-MASSIH -v- Sallem AL QAHTANI ACTRTT4 [2007]
CATCHWORDS
ISSUES
LEGISLATION
Residential Tenancies Act 1997 (ACT)
CASES CITED
CASE REFERENCE NUMBER: RT 2336 of 2006
RE: Premises at 30 Walton Street ISAACS ACT 2607
DECISION
ORDERS
That the tenant/s is to pay the lessor the sum of $1633.30 being compensation for:
a.$790.00 being for cleaning;
b.$90.00 being for garden work;
c.$753.30 being for loss of value to property.
That taking into account the compensation of $1633.30, less the previously released bond monies of $340.00, the total amount owed by the tenant to the lessor is $1293.30.
That the Office of Rental Bonds is directed to release $1100.00 to the lessor forthwith. Any amount received by the lessor is to be set off against the amounts awarded above.
That the tenant is to pay the lessor $193.30 on or before the 7/12/06.
That the tenant is to pay $2420.00 to the Residential Tenancies Tribunal on or before the 7/12/06 for payment out to the lessor, upon production of receipts by the 25/01/07.
Member: Jann Lennard
Date: 29 November 2006
REASONS FOR DECISION
BACKGROUND INFORMATION
The Applicant/lessor and the Respondent/tenant entered into a residential tenancy agreement in relation to premises at 30 Walton Street ISAACS, ACT for a fixed term from 24 January 2005 to 24 January 2006, at a weekly rental $360.00.
The lessor lodged a bond of $1440 on 25 January 2005. The lessor and tenant completed and signed a Condition of Premises Report on 26 January 2005.
In or about August 2006 the lessor indicated that an increase in rent was being contemplated and the tenant decided to vacate the premises. The parties agreed to a vacation date of 15 September 2006: the tenant returned the keys to the lessor on 17 September 2006 and the lessor conducted a final inspection on 18 September 2006.
The parties agreed to the payment of $340 to the lessor, but were not able to agree on further distribution of the Bond and the lessor made an application to the Residential Tenancies Tribunal for the compensation in the sum of $3777 for damages to the premises. The tenant disputed liability.
The Tribunal heard the matter on 29 November 2006. The Lessor was present and was assisted to present her case by her son, Mr Roman Abdel Massih. Mr Al Qahtani was represented by Mr Aly Hadid.
The Lessor’s application claimed $3777 in compensation for loss resulting from or cost of repairs to premises as follows:
- General cleaning, window cleaning and steam cleaning of the carpet - in the amount of $790 - this was supported by an original invoice from ABDO’s Cleaning Services.
- Garden tidying – in the amount of $90 - this was supported by an original invoice from ABDO’s Cleaning Services. The RTT accepts that this business is owned by a relative of the lessor. A search of the Australian Business Register confirms this. Abdo’s Cleaning Services is a registered business name and the entity has an ABN. Mr Hadid asserted that the bills from ABDO’s Cleaning Services was “made up”, the RTT had no evidence of this. Painting of damaged walls – the lessor had a quote from Elsa Painting and Maintenance for $2420.
- Broken dishwasher – in the amount of $379. The lessor supplied a copy of the original invoice from the purchase of the dishwasher in March of 2005.
- The lessor had further claims for:
i.Broken handle on hallway cupboard - $11
ii.Kitchen bench top broken - $65
iii.Missing family room door lock - $190
iv.Missing gas heater cover - $72
v.Missing bedroom closet shelf - $35
vi.Broken children’s swing set - $65
vii.Missing vacuum cleaner handle
viii.Missing instruction manuals for intercom, vacuum and oven.
The lessor had no receipts or quotes for these items but had estimated the costs, based upon her own experience.
The RTT had before it as evidence of the condition of the premises at the commencement of the tenancy, a Condition of Premises Report dated 26 January 2005 and signed by the lessor and the tenant. The impression gained from this report is that the premises were in fair to good condition and could best be described as “run down”.
The tenant and the lessor gave evidence that on the day of the final inspection, the tenant and lessor walked through the premises. The lessor indicated that there were a number of areas of damage that needed repair. The tenant agreed to those repairs and agreed to engage a handy man to do the repairs.
Later on that day a Mr Zouiten visited the premises introduced himself to the lessor as a handy man and in consultation with the lessor wrote a list of repairs. The lessor gave evidence that Mr Zouiten returned the next day and attempted to replace the lock on the family room door. The lock he had brought did not fit. Mr Zouiten left the premises but has not returned.
10.Mr Hadid denies the tenant’s liability and asserted that:
- The tenant had not signed the Condition of Premises Report dated 26 January 2005, but later admitted that the tenant’s signature was upon it.
- That there was no written final report and therefore no evidence that there were any problems with the condition of the premises. This is contradicted by the tenants written submission where he stated, inter alia, that he had agreed to pay $340 from the bond to cover the cost of cutting the grass and cleaning the carpets. Further, the lessor provided an original undated letter from Mr Al Qahtani on the letterhead of the Royal Embassy of Saudi Arabia. In that letter the tenant wrote:
On 15/9/2006. We agreed that you fix any damage at your property and I will pay you for charges according to the bills that you will provide me.
Could you please send me the bond within two weeks, which we agreed that you pay it back to me when every thing has been fixed at your property.
- The RTT is satisfied that as a matter of fact the tenant agreed that he was liable for the costs of repairs at the time of the final inspection and that the lessor had accepted his word that he would see to the repairs being undertaken by his handyman.
- The RTT determines that:
- The tenant is liable to compensate the lessor for the costs of cleaning in the amount of $790 as evidenced by the original invoice from ABDO’s Cleaning Services.
- The tenant is liable to compensate the lessor for the costs of gardening work in the amount of $90 as evidenced by the original invoice from ABDO’s Cleaning Services.
- That the lessor’s other claims, based upon quotations and estimates of loss are for loss of value of the premises rather that replacement or repair. Fro instance the dishwasher, which on the evidence was damaged by wrong use by the tenants, was replaced with a second hand dishwasher, and the swing set was thrown away but not replaced. Taking into account the nature and age of the items/repairs in question the RTT determines that the loss of value to the premise is $753.30.
- The lessor gave evidence that the premises had been painted immediately prior to the tenants taking possession and the RTT determined that the tenant would be liable for the cost of the painting, if indeed the lessor incurred that cost.
- The RTT therefore made the following orders:
ORDERS
That the tenant/s is to pay the lessor the sum of $1633.30 being compensation for:
a.$790.00 being for cleaning;
b.$90.00 being for garden work;
c.$753.30 being for loss of value to property.
That taking into account the compensation of $1633.30, less the previously released bond monies of $340.00, the total amount owed by the tenant to the lessor is $1293.30.
That the Office of Rental Bonds is directed to release $1100.00 to the lessor forthwith. Any amount received by the lessor is to be set off against the amounts awarded above.
That the tenant is to pay the lessor $193.30 on or before the 7/12/06.
That the tenant is to pay $2420.00 to the Residential Tenancies Tribunal on or before the 7/12/06 for payment out to the lessor, upon production of receipts by the 25/01/07.
Jann Lennard
Member
Date 19 February 2007
0
0
0