Selleck v Cassin & Anor (Residential Tenancies)

The case of Selleck v Cassin & Anor involved a dispute over a rental bond between a lessor and tenants in Queensland. The lessor sought compensation for damages to the property and claimed the rental bond should not be returned in full. The dispute was heard by the Queensland Civil and Administrative Tribunal. The tenants argued that the damage was due to fair wear and tear and that the lessor had not provided an incoming condition report.

The legal issues before the Tribunal were whether the tenants were liable for the costs of repairs and cleaning, and whether the lessor was entitled to compensation from the rental bond. The Tribunal had to consider whether the damages claimed were beyond fair wear and tear and if the lessor had discharged their duty to provide an incoming condition report. The tenants claimed that the lessor had failed to provide evidence of the condition of the property at the start of the tenancy, which would have shown any pre-existing damage.

The Tribunal found that the tenants were liable for certain damages, including the cost of a second clean of the carpet, odour treatment, loss of value of the carpet, cleaning of the premises, painting and patching of walls, gardening and rubbish removal, water usage, and replacement of lightbulbs. The Tribunal held that the tenants had not provided sufficient evidence to show that the damage was due to fair wear and tear. The Tribunal also found that the lessor was entitled to compensation for the cost of lost rent. The Tribunal ordered that the tenants pay compensation in the amount of $2466.45 and that the regulatory services office release the rental bond in the amount of $2040, with the balance of $426.45 to be paid by the tenant.