Brandenburg v Pollock

[2011] QCAT 604

CITATION: Brandenburg v Pollock [2011] QCAT 604

PARTIES:	Mr John Brandenburg
(Applicant)
v
Ms Joy Pollock
(Respondent)

APPLICATION NUMBER: MCDT1358-11 / MCDT1691-11

MATTER TYPE: Residential tenancy matters

HEARD AT:  Brisbane

DECISION OF: Ms Williams, Adjudicator

DELIVERED ON: 21 November 2011

DELIVERED AT: Brisbane

ORDERS MADE:

1.   The applicant pay the respondent the sum of $271.92 within 28 days;

2.   The Residential Tenancy Authority releases the $1,740 bond in favour of the respondent.

CATCHWORDS:

Minor Civil Dispute – Residential tenancy – General dispute between lessor and tenant about a general tenancy agreement – relocation because of emergency or for health and safety reasons – lessor’s obligation at the start of a tenancy – un-remedied breach – Where applicant claims compensation for breach of agreement – Where respondent claims compensation for loss of amenity and standard of the property during tenancy – Whether premises are ‘fit for a tenant to live in’

Residential Tenancies and Rooming Accommodation Act2008, ss 185(2), 227, 302, 429

REASONS FOR DECISION

Introduction

1. The applicant filed a claim in the Registry on 15 June 2011 on the basis that the tenant “broke a lease without reasonable” excuse and is therefore seeking an order for compensation and costs incurred, to be made in his favour against the respondent, in the amount of $4,388.70[1] for the following items:

   [1]          As amended at hearing.

·     Damage to various timber (cedar) Venetian blinds in the amount $1,167.70;

·     Pest spray in the amount of $120;

·     Cleaning of property after tenant vacated in the amount of $300;

·     Utilities charges in the amount of $100;

·     Loss of rent (for period of three weeks and four days) in the amount of $1,554;

·     Loss of rent to real estate agent in the amount of $435;

·     Advertising fee to real estate agent in the amount of $150;

·     Cost of undertaking a structural engineers report of $440; and

·     Filing fee in the amount of $92.

1. On the 5 August 2011, the respondent filed a counter-application arguing the “house [was] not safe or fit for habitation” and sought:

·     An order for compensation in the amount of $18,919.19[2] for damage suffered and costs incurred, namely:

[2]As amended after hearing with a further invoice for consultancy fees submitted to the Tribunal.  See Footnote 3 (ii) for details.

o   Removalists to occupy the premises in the amount of $1,129.75;

o   Locksmith to secure the front door in the amount of $99;

o   Rent paid while living at the premises in the amount of $2,175;

o   Bond paid while living at the premises in the amount of $1,740;

o   Procheck Building Inspection to establish habitability in the amount of $440;

o   Removalist to evacuate the premises in the amount of $2,044.08;

o   National Storage cost & merchandise in the amount of $1,170;

o   Travel costs from Sunshine Coast to Brisbane for work in the amount of $886.16;

o   Filing fee in the amount of $265; and

o   Agent (Building Matters Queensland) fees in…