McCarry v Curtis

The case of McCarry v Curtis involved a dispute between Dean McCarry and Leeann Keech and Victoria McCarry, the landlords, and Cassandra Curtis and Mark Curtis, the former tenants, over the return of a rental bond. The landlords sought to recover costs associated with the end of the tenancy, including cleaning and minor repairs, from the rental bond. The case was heard in the Residential Tenancies Authority.

The primary legal issue for the tribunal to determine was whether the deductions made from the rental bond for end of tenancy costs were reasonable and justifiable. The tribunal needed to assess whether these costs were for necessary repairs and cleaning or if they were excessive and could be attributed to normal wear and tear. The tribunal also had to consider whether the tenants had been given proper notice of the intended deductions and had an opportunity to contest them.

In reaching its decision, the tribunal found that the landlords had provided evidence of the necessary repairs and cleaning that were required to return the property to a condition equivalent to when the tenancy began. The tribunal concluded that the deductions made from the rental bond were reasonable and justifiable, as they were necessary to address issues beyond fair wear and tear. The tribunal also noted that the tenants had not provided any evidence to contest the reasonableness of these charges. Consequently, the tribunal ordered the tenants to pay the landlords the sum of $616.00 from the rental bond and directed the Rental Bond Services to release this amount to the landlords. Any remaining balance in the bond was to be returned to the tenants.