Amos v Knights

[2014] QCATA 86

CITATION: Amos v Knights & Ors [2014] QCATA 86

PARTIES:	Mr Edward Amos (Appellant)
v
Mrs Carol Knights Mr Jason Knights and Mr John Knights (Respondents)

APPLICATION NUMBER: APL112-12

MATTER TYPE: Appeals

HEARING DATE: 15 February 2013

HEARD AT: Brisbane

DECISION OF: Member Brabazon QC

DELIVERED ON: 10 April 2014

DELIVERED AT: Brisbane

ORDERS MADE:

Order that the QCAT decision of 14 March 2013 in this appeal be amended.1.   

Declare that Mr Amos was entitled to payment of $603, from the bond of $1,200.00 (No 4003772-X) held by the Residential Tenancies Authority on behalf of Mrs Carol Knights and Messrs Jason & John Knights.2.   

Declare that the amount payable by the respondents to Mr Amos for unpaid rent is $603.00.3.   

Order that the Respondents pay $603 to Mr Amos, within 28 days after service of this judgment.4.   

Order that Mr Amos must serve this judgment on the respondents, according to rule 39 of the Queensland Civil and Administrative Tribunal Rules 2009.5.   

Order that service on any one of the respondents be taken to be service on all of them.6.   

CATCHWORDS:

Landlord and tenant – bond

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss 137, 188(4), 566(1)(a)

APPEARANCES and REPRESENTATION (if any):

APPLICANTS: Mr Edward Amos

RESPONDENTS: No appearance for the respondents

REASONS FOR DECISION

1. The need for this brief judgment can be shortly explained.

1. Mrs Knight, and her two sons rented a house owned by Mr Amos. They paid a rental bond of $1,200 according to the Residential Tenancies and Rooming Accommodation Act 2008 (Qld).

1. After a time, they left the house. Mr Amos thought that they should pay for the cost of repairing and cleaning the house. He made a QCAT claim against them, for more than the $1,200 bond.

1. There was a QCAT hearing on 2 February 2012. The Member dismissed all his claims, in a written judgment. That judgment was sent to the Residential Tenancies Authority.

1. The Residential Tenancies Authority was then obliged to refund the $1,200 to the Knights. That was its duty, according to s 137 of the Residential Tenancies and Rooming Accommodation Act 2008:

If a tribunal makes an order about payment of a rental bond, and the Authority is given a copy of the order, the Authority must pay the rental bond in accordance with the order.

1. It appears that Mr Amos did not realise that the bond was then repaid to the Knights. He appealed against the QCAT decision. He said in his submission that the bond had not been repaid. The QCAT decision of 14 March 2013 said that he was entitled to a payment of $603, of the bond.

2. The only course now is to order that the Knights must pay the $603 to him. This is the formal order:

   1.    Order that the QCAT decision of 14 March 2013 in this appeal be amended.

   2.    Declare that Mr Amos was entitled to payment of $603, from the bond of $1,200.00 (No 4003772-X) held by the Residential Tenancies Authority on behalf of Mrs Carol Knights and Messrs Jason & John Knights.

   3.    Declare that the amount payable by the respondents to Mr Amos for unpaid rent is $603.00.

   4.    Order that the Respondents pay $603 to Mr Amos, within 28 days after service of this judgment.

   5.    Order that Mr Amos must serve this judgment on the respondents, according to rule 39 of the Queensland Civil and Administrative Tribunal Rules 2009.

   6.    Order that service on any one of the respondents be taken to be service on all of them.