Tankard & Anor v Ogbonna & Anor

In the case of Tankard & Anor v Ogbonna & Anor, the applicants, Tankard and another, sought compensation from the respondents, Ogbonna and another, for alleged breaches of their tenancy agreement. The dispute involved claims related to the condition of the property at the end of the tenancy, including damage to kitchen and laundry appliances and the cost of water used to maintain the garden. The matter was heard and determined by the Residential Tenancies Authority (RTA) in Victoria, Australia.

The central legal issue before the Tribunal was whether the respondents were liable for damages to the property beyond what is considered fair wear and tear. This included determining the extent of fair wear and tear in kitchen and laundry appliances and whether the respondents were responsible for damages resulting from the consequences of such wear and tear. Additionally, the Tribunal had to consider whether the tenants were required to pay for water used to maintain the garden after the final inspection.

The Tribunal found that the applicants had discharged their onus of proving the respondents were liable for damages beyond fair wear and tear. The Tribunal accepted that the kitchen and laundry appliances had suffered damage that exceeded the normal wear and tear expected over the tenancy period. The Tribunal also concluded that the respondents were liable for the costs of water used to maintain the garden after the final inspection, as this was not a consequence of fair wear and tear. Accordingly, the Tribunal ordered the respondents to pay the applicants the sum of $5,465.86 within 28 days, with part of this amount to be paid using the released rental bond.