Tenant 221011 v Martiniello (Residential Tenancies)

The application before the Australian Capital Territory Civil and Administrative Tribunal was brought by a tenant, 221011, against the respondent Martiniello, the landlord. The tenant sought to recover unpaid rent and the return of their rental bond. The case was heard by the Tribunal, which has jurisdiction in matters related to residential tenancy agreements in the Australian Capital Territory.

The primary legal issue the Tribunal was required to address was whether the landlord had failed to return the rental bond to the tenant within the statutory time frame, and whether the tenant was entitled to damages for unpaid rent. The tenant argued that the landlord had not returned the bond and had not made the property available for rent, and that they were owed the full amount of unpaid rent. The landlord contended that the property was not habitable due to damage caused by the previous tenant and that the tenant had abandoned the property, thereby forfeiting their right to the bond and unpaid rent.

The Tribunal found that the landlord had not provided any evidence to support their claim that the property was not habitable or that the tenant had abandoned it. The Tribunal held that the landlord had failed to return the rental bond within the required time frame and that the tenant was entitled to damages for unpaid rent. The Tribunal ordered the landlord to pay the tenant the sum of $1,360.73 within 28 days of the decision and directed the ACT Office of Rental Bonds to return the rental bond of $1,600 to the tenant.