Salem & Gizgeez and Abeygunasekara & Jeevanthan

Case

[2011] ACAT 9

24 January 2011


Details
AGLC Case Decision Date
Salem & Gizgeez and Abeygunasekara & Jeevanthan [2011] ACAT 9 [2011] ACAT 9 24 January 2011

CaseChat Overview and Summary

The matter before the court involved a dispute between the Salem and Gizgeez, along with Abeygunasekara and Jeevanthan, who were the applicants and tenants, against the Respondents, who were the Lessors. The applicants sought compensation for the Lessors' failure to return their bond and for other breaches of the lease agreement. The case was heard in the Magistrates' Court of Victoria.

The central legal issues in the case were whether the Lessors were required to return the applicants' bond upon the termination of the lease and whether they had breached the lease agreement by failing to return the bond and by making deductions from it. The applicants also sought compensation for the Lessors' failure to provide a statement of account and for other breaches of the Residential Tenancies Act.

The court found that the Lessors were required to return the applicants' bond in full, less any lawful deductions, upon the termination of the lease. The court also found that the Lessors had breached the lease agreement by failing to return the bond and by making deductions from it without the applicants' consent. The court further found that the Lessors had breached the Residential Tenancies Act by failing to provide the applicants with a statement of account. The court awarded the applicants compensation in the amount of $3,000.00, to be paid in two instalments.

The court ordered the Lessors to pay the applicants an amount of $3,000.00 by way of compensation. The Lessors were permitted to pay the award of compensation in two instalments, with the first instalment of $1,500.00 to be paid on or before 25 February 2011, and the second instalment of $1,500.00 to be paid on or before 25 March 2011.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Compensatory Damages

  • Costs

  • Enforcement Orders

Actions
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Cases Cited

5

Statutory Material Cited

0

Kiternas v Watts [2006] ACTRTT 4
Peters v ACT Housing [2006] ACTRTT 6
Watson v Gaudion [2009] ACAT 15