Nisar v Property Partners Canberra Pty Ltd (Civil Dispute & Residential Tenancies)

Nisar and others brought an application against Property Partners Canberra Pty Ltd for the return of their rental bond, following the conclusion of their tenancy. The dispute was heard and determined by the ACT Civil and Administrative Tribunal. The applicants sought the return of their bond, arguing that the property had been returned in a condition fit for the next tenant, while the respondents claimed that the property had been damaged and required significant cleaning, justifying the retention of part of the bond.

The primary legal issues before the tribunal were whether the property was returned in a clean and undamaged state, and if not, to what extent the bond could be withheld to cover the cost of repairs and cleaning. The tribunal had to carefully review the evidence provided by both parties, including photographs, witness statements, and expert opinions on the state of the property at the end of the tenancy.

In its decision, the tribunal determined that the property was indeed returned in a satisfactory condition for the most part, but did require some cleaning and had suffered minor damage. The tribunal accepted the respondents' claims for $300 in cleaning costs and $545 for damage repairs. However, other claims for damages were dismissed as they were not substantiated. Consequently, the tribunal ruled that the balance of the bond, $1,155, should be returned to the applicants within 14 days of the order. Additionally, the tribunal corrected a procedural error by identifying the correct respondent in the matter as Property Partners Canberra Pty Ltd ACN 605 325 442.