v C Tran Family Trust v Herbert (Residential Tenancies)

In the Australian Capital Territory Civil and Administrative Tribunal, the case of v C Tran Family Trust v Herbert (Residential Tenancies) involved a dispute over a rental bond following the conclusion of a nine-year residential tenancy. The lessor, the owner of the property, sought compensation from the tenant for alleged damages and cleaning costs. The Tribunal was tasked with determining whether the tenant had left the property in a condition substantially the same as at the beginning of the tenancy, considering fair wear and tear, and to quantify any compensation due if the tenant was found liable.

The key issues were whether the tenant had left the premises in a condition substantially the same as at the commencement of the tenancy, fair wear and tear excepted, and if not, what compensation was appropriate. This included the state of cleanliness, the garden, and damage to the stove cooktop. The Tribunal examined the ingoing and outgoing condition reports, photos, and evidence from both parties, including the tenant’s and lessor’s submissions and oral testimony.

The Tribunal found that the tenant was responsible for 30% of the cleaning costs, amounting to $342.20, as some areas of the property were not left in the same condition as at the beginning of the tenancy and the differences were not attributable to fair wear and tear. Regarding the garden, the Tribunal concluded that the garden was not in a substantially different condition from when the tenant first moved in and thus, the tenant was not liable for gardening costs. Concerning the stove cooktop, the Tribunal determined that the tenant was not liable for its damage as it was beyond fair wear and tear but did not need to be replaced considering its age and depreciated value. The Tribunal also noted an unauthorised debit from the tenant’s account which was reversed before any funds were transferred to the lessor.

The Tribunal ordered that the tenant pay $342.20 to the lessor for cleaning costs. The remaining bond held by ACT Rental Bonds was to be divided between the parties, with instructions for both to provide their bank details to facilitate the release of funds.