A North Lakes landlord has been rebuffed in a bond recovery claim for the cost of “fair wear and tear” repairs from a tenant’s residential tenancy bond.

Aaron Holesgrove and Natalie Raffenot moved into their Cypress St rental in May 2013. In January 2015 – four months prior to the end of the two year lease – the landlord approached them for an agreement the property be put on the market for sale.

After they vacated a dispute arose as to the condition in which the property was left.

Landlord Warwick Bennet claimed $5k by way of cleaning and repairs costs prompting the tenants to return to the premises and put in another round of elbow grease.

Despite evidence from the Bennet and the property manager that when they went to the premises “there was a strong smell of urine in bedrooms two and three,” Queensland Civil and Administrative Tribunal member Paul Favell was not convinced that the landlord’s claim was entirely correct.

In his view “much of the claim was for the repair of items covered by the fair wear and tear exception or to prepare the premises for sale”.

He refused the landlord’s claim for excess water charges, carpet replacement, garden damage, pressure cleaning of the exterior of the premises and cleaning the grout in the bathroom floor tiles.

He allowed the claim for rent owing of $395 and the cost of replacement of one screen door at $104.

QCAT ordered that of the $1740 bond, $900 should be refunded to the tenants and that the balance shall be payable to the landlord.

Bennet v Holesgrove & Anor [2015] QCAT 377 Member Favell 11/09/2015

 


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