QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Champion & Anor v Laterma Pty Ltd & Ors [2018] QCAT 392
PARTIES:
RICHELLE CHAMPION
BRIAN DAUNTER
(applicants)v LATERMA PTY LTD
CHRISTOPHER CLAYTON
GRANT CLAYTON
(respondents)APPLICATION NO/S:
T1113/18 (Southport)
MATTER TYPE:
Residential tenancy matters
DELIVERED ON:
28 November 2018
HEARING DATE:
13 September 2018
HEARD AT:
Southport
DECISION OF:
Adjudicator Alan Walsh
ORDERS:
1. The Respondents pay the Applicants $298.09.
2. If the Respondent Laterma Pty Ltd pays the Applicants some or all of $298.09 then the Respondents Christopher Clayton and Grant Clayton must reimburse Laterma Pty Ltd that amount.
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – MINOR CIVIL DISPUTE – TENANCY DISPUTE – where former tenants applied to the tribunal for rent reduction orders and compensation for breach of lease
LANDLORD AND TENANT –– RENT – where section 94 of the Residential Tenancies and Rooming Accommodation Act 2009 (RTRAA) permits rent reduction orders for substantial decrease of amenity or standard where premises partly unfit to live in – where section 419 RTRAA permits compensation for breach of lease – where section 420 RTRAA empowers Tribunal to order compensation upon application – where application for compensation for lease breach permitted during lease term or after lease ends – where no similar provision to section 419 concerning claims under section 94 – whether rent reduction application may be filed after end of lease
LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES – where former tenants applied for rent reduction after expiry of residential tenancy – whether amenity or standard of premises decreased substantially during tenancy – whether premises partly unfit for human habitation – whether claim of former tenants made too late
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES FOR BREACH OF CONTRACT – where former tenants applied after end of lease for compensation – whether compensable loss proven – whether losses and outlays causally connected with condition of premises – generally whether claimed losses and outlays compensable
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES FOR BREACH OF CONTRACT – where compensation claimed for tenant loss of tutoring income – whether loss within contemplation of the parties at the time of contracting – whether rule in Hadley v Baxendale applies – whether loss proved
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – JOINDER OF CAUSES OF ACTION AND OF PARTIES – PARTIES – where former tenants only sued agent – where Tribunal ordered joinder of owners – whether contribution or indemnity recoverable by agent from owners
Acts Interpretation Act 1954 (Qld), s 10(1)(d), s 14A,
s 14B, s 35A
Housing Legislation (Building Better Futures) Amendment Act 2017
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 6, s 10, s 11, s 12, s 13, s 16, s 28
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 4, s 52, s 94, s 185, s 206, s 325, s 416,
s 417, s 419, s…
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- Case
- [2018] QCAT 392
- Decision Date
CaseChat Overview and Summary
The court found that the tenants did not apply for a rent reduction within the required period, rendering their claim under section 94 of the Act time-barred. The court also held that the property's condition, while poor, did not reach the threshold necessary to justify a reduction in rent. The tenants had not suffered any direct loss or injury from the property's condition, which was a critical factor in the court's decision. The court further noted that the property's age and the prevalent issue of "concrete cancer" on the Gold Coast, while contributing to the property's poor condition, did not automatically entitle the tenants to a rent reduction.
The court's reasoning focused on the statutory requirements for rent reduction applications and the tenants' failure to meet these requirements. Additionally, the court considered the tenants' lack of direct loss or injury from the property's condition as a significant factor in denying the rent reduction claim. The court ordered that the respondents pay the applicants $298.09, with a reimbursement obligation from the owners to the agent if the latter makes any payment to the tenants.
Orders
Orders of the court
1. The Respondents pay the Applicants $298.09.
2. If the Respondent Laterma Pty Ltd pays the Applicants some or all of $298.09 then the Respondents Christopher Clayton and Grant Clayton must reimburse Laterma Pty Ltd that amount.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.