Blink Property Qld v Christison

[2024] QCATA 61

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Blink Property Qld v Christison & Anor [2024] QCATA 61

PARTIES:

BLINK PROPERTY QUEENSLAND

(applicant/appellant)

v

THOMAS CHRISTISON

(respondent)

PANAMA-PEARL TYSON-BYNON

(respondent)

APPLICATION NO/S:

APL273-23

ORIGINATING APPLICATION NO/S:

MCDT17-23 Southport

MATTER TYPE:

Appeals

DELIVERED ON:

13 June 2024

HEARING DATE:

5 June 2024

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

1.     Leave to appeal granted.

2.     The appeal is allowed.

3.     The decision of the Tribunal made 21 July 2023 is set aside and the proceedings remitted to the Tribunal for determination according to law before another Adjudicator.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where a lessor and tenants executed a fixed term tenancy agreement – where the lessor’s agent issued a Form 12 Notice to Leave at the time of commencement of the fixed term tenancy agreement – where some weeks afterwards the tenants gave 2 weeks’ Notice of Intention to Leave in Form 13 and left – where the rental property was not let for some period of time – where the lessor’s agent brought proceedings in the Tribunal claiming break lease charges and rent – where the Tribunal found the Form 13 Notice of Intention to Leave – limited the tenants’ liability to compensation to the period of 2 weeks set in the Form 13 Notice of Intention to Leave – where on appeal the Form 13 Notice of Intention to Leave was found to have ended the tenancy agreement but not limited the claim to break lease compensation by the lessor

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 277(b), s 277(c), s 420, s 421(1)

Parr v Queensland Police Service [2021] QCA 216 Pickering v McArthur [2005] QCA 294

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

1. The respondents were tenants of residential premises. The appellant was the lessor’s agent.

2. The lessor and the tenants had entered into a number of fixed term residential tenancy agreements concerning the premises.

3. The penultimate tenancy commenced 5 May 2022 and expired 2 November 2022.

4. Prior to that on 10 October 2022 the agent had issued a Form 12 Notice to Leave to the tenants on the grounds of end of the fixed term tenancy agreement with the vacate date set as 10 December 2022.

5. Apparently in anticipation of a further residential tenancy agreement for a fixed term being struck with the tenants, the agent had also issued at the same time another Form 12 Notice to Leave dated 10 October 2022 with an end date of 3 May 2023, the anticipated end of a future six-month fixed term tenancy.

6. According to the tenants, they received both notices on 21 October 2022 together with a new fixed term tenancy agreement commencing 3 November 2022 and ending 3 May 2023.

7. The tenants signed the…