Michell v Yilmaz

In *Michell v Yilmaz*, the County Court of Victoria considered a dispute between a landlord, Mr Yilmaz, and his tenant, Ms Michell, concerning alleged breaches of a residential tenancy agreement. The core of the disagreement revolved around the condition of the property at the end of the tenancy and the landlord's claim for damages.

The court was tasked with determining whether the tenant had breached the terms of the tenancy agreement by failing to return the property in a reasonably clean condition and whether the landlord had established a claim for damages arising from the alleged disrepair and cleaning required. Specifically, the court had to assess the evidence presented by both parties regarding the state of the property at the commencement and termination of the lease, and the reasonableness of the costs claimed by the landlord for rectification.

Judge Burchardt found that while the tenant was responsible for leaving the property in a reasonably clean state, the landlord had not sufficiently proven the extent of the damage or the necessity of all the cleaning and repair costs claimed. The court applied the principles of contract law and the *Residential Tenancies Act 1997* (Vic), emphasising the need for clear evidence to substantiate claims for damages. The landlord's claim was therefore reduced to reflect only those costs that were demonstrably attributable to the tenant's breach and were reasonable in the circumstances.