Apple Eight Pty Ltd t/as Rent Star v Amete
[2015] QCAT 385
•21 September 2015
| CITATION: | Apple Eight Pty Ltd t/as Rent Star v Amete [2015] QCAT 385 |
| PARTIES: | Apple Eight Pty Ltd t/as Rent Star (Applicant) |
| v | |
| Vaughn Amete (Respondent) |
| APPLICATION NUMBER: | MCDT1893-15 |
| MATTER TYPE: | Residential tenancy matters |
| HEARING DATE: | 31 August 2015 |
| HEARD AT: | Brisbane |
| DECISION OF: | Mr Francis, Justice of the Peace (Presiding) Aunty Matsen, Justice of the Peace |
| DELIVERED ON: | 21 September 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Application dismissed. |
| CATCHWORDS: | Residential tenancy matters |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
The Applicant’s original application was received on 17 July 2015. This application claimed $3,271.80 from the Respondent in respect of rent arrears, re-letting fees and cleaning and repairs of the property.
The Applicant advised that the tenant moved into the property on 9 April 2015 for a fixed 12-month lease. Following a period during which rental arrears were subject to two breach notices, the Respondent tenant ceased paying rent on 6 May 2015.
A Notice to Leave was issued on 25 May 2015 directing the Respondent tenant to leave by 1 June 2015. The tenant subsequently left the property on 16 June 2015.
The amount of bond held by the Residential Tenancies Authority is listed as $1,520.00
Difficulties subsequently arose in locating the Respondent. The Tribunal contacted the Residential Tenancies Authority and was advised that no forwarding address was on the file with the Authority. The Applicant was advised of this by letter dated 31 July 2015, which further directed the Applicant to pursue their own inquiries and to file evidence with the Tribunal of all reasonable attempts to locate the Respondent
The Applicant’s response, dated 10 August 2015, indicated that they had made no effort to locate the Respondent other than to reference material provided by the Respondent at the time that he took up the lease.
Accordingly, the Tribunal determined that the matter should be dismissed, given that it could not be satisfied in terms of s 93(1)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) that the Respondent could not be found after reasonable inquiries had been made.
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