Eleven Property v Zheng

QUEENSLAND CIVIL AND

ADMINISTRATIVE TRIBUNAL

CITATION:

Eleven Property v Zheng [2025] QCATA 65

PARTIES:

ELEVEN PROPERTY

(applicant/appellant)

v

YUANHUI ZHENG

(respondent)

APPLICATION NO/S:

APL368-24

ORIGINATING APPLICATION NO/S:

Q694-24 Brisbane

MATTER TYPE:

Appeals

DELIVERED ON:

15 July 2025

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

1.     Leave to appeal granted.

2.     Appeal allowed.

3.     The order made by the Adjudicator on 4 November 2024 is set aside.

4.     In lieu the following Orders are substituted:

(a)     Eleven Property pay the sum of $1,590 to Yuanhui Zheng within 7 days of receipt of this Order;

(b)     Save that if Eleven Property has complied with the Order of the Tribunal made 19 December 2024 and already paid the sum of $1,480 to Yuanhui Zheng, Eleven Property only pay the balance of $110 within 7 days of receipt of this Order.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where the respondent tenant occupied a unit which suffered water damage caused by leaks from the unit above – where the appellant agents issued notice to leave on the dual bases of non-livability and significant repairs and renovations necessary – where the tenant vacated – where the tenant claimed compensation – where the claim was heard in minor civil dispute proceedings – where the Adjudicator erred in accepting the tenant was entitled to claim for compensation without establishing breach of contract – where the notice to leave on the grounds of significant repairs and renovations necessary was defective – where the tenant handed over vacant possession by the specified date on the notice to leave – where the tenancy terminated in accordance with the ground for termination provided in s 277(b) – where the residential tenancies agreement terminated on the basis of frustration – where no compensation was payable by either party – where the lessor made voluntary payment to the tenant

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 147

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 284, s 305, s 420

Meyer v Anor v Murchie & Anor [2020] QCATA 175

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)
Applicant:	Self-represented by T Green
Respondent:	Self-represented

REASONS FOR DECISION

1. The respondent tenant, Ms Zheng, leased a residential unit in a unit complex from Mr Green, the lessor, through the applicant/appellant real estate agents.

2. The tenancy was from 18 July 2023 to 18 July 2024. The rent was $595 per week.

3. On 10 August 2023 Ms Zheng noticed a water leak in her kitchen. It did not stop and she contacted the respondent and the lessor and informed them of the leak the following day, a Friday.

4. A plumber could not attend until the following Monday, but did…