Grace v Metrocity Realty - [2012] QCAT 663

CITATION:

Grace and Ors v Metrocity Realty and Ors [2012] QCAT 663

PARTIES:	Nicholas Mark Grace Sasha Flint Rory Grant Tiago Oliveira Michael Pfundt Selvin Kwong Elisabeth Hoyt (Applicants)
v
Metrocity Realty King Long Lor Ngo Tran Lor (Respondents)

APPLICATION NUMBER:

MCDT162-12

MATTER TYPE:

Residential tenancy matters

HEARING DATE:

16 October 2012

HEARD AT:

Brisbane

DECISION OF:

Jeremy Gordon, Adjudicator

DELIVERED ON:

21 November 2012

DELIVERED AT:

Brisbane

ORDERS MADE:

1. Upon the first applicant Nicholas Grace, providing the tribunal with the written undertaking referred to in paragraph 2 of this order, he shall be entitled to an order that King Long Lor and Ngo Tran Lor pay to him the sum of $24,419.70.

2. Nicholas Grace is required to undertake to the tribunal in writing to hold any monies received in satisfaction of the order made in this matter on trust for himself and for the other applicants in such shares as may be agreed between himself and them or as is fair having regard to the periods of the tenancies and to the share of the rent, and to distribute those monies accordingly.

3. Liberty to any of the applicants to apply to the tribunal to enforce the undertaking given by Nicholas Grace or to determine any issue between them as to the correct share to be paid to them.

4. The rental bond held by the Residential Tenancies Authority under reference 3640908-1 be paid as follows: $725 to the tenants named as parties to the bond and $1,275 to Metrocity Realty (to be held by them and paid out as directed in paragraph [100] of the Reasons below).

5. Metrocity Realty and King Long Lor and Ngo Tran Lor are ordered to pay costs of $1,010.75 incurred by Nicholas Grace.

CATCHWORDS:

Minor civil dispute – residential tenancy – house partially or wholly unfit – decrease in amenity or standard – time limits applying to such claims and to compensation claims – rent decrease – manner of calculation – illegal height downstairs – whether agent liable to refund

Residential Tenancies and Rooming Accommodation Act 2008, ss 94, 185, 419
Building Act 1975, s115
Limitations of Actions Act 1974, s 10
Building Code of Australia

Fine v Geier [2003] QSC 073
Underwood v Queensland Department of Communities (State of Queensland) [2012] QCA 158
Wechsel v Andrew (No 3) [2011] QCATA 106

APPEARANCES and REPRESENTATION (if any):

APPLICANT:

Nicholas Grace, representing himself and all other applicants

RESPONDENT:

King Long Lor, Ngo Tran Lor and Kylie Jackson with two assistants for the agents

REASONS FOR DECISION

A seriously neglected large Queenslander in Highgate Hill offered cheap and convenient rented accommodation for a number of people between 8 March 2009 and 30 November 2011. At first, the condition of the property was poor but acceptable. As time progressed, due to the failure of the owners to respond to the tenants’ complaints or to carry out obvious preventative maintenance, the house deteriorated badly until it became unfit to live in. Eventually…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Grace v Metrocity Realty

Details

AGLC: Grace v Metrocity Realty [2012] QCAT 663
Case: [2012] QCAT 663
Decision Date

CaseChat Overview and Summary

This case concerns a dispute between tenants and landlords regarding a residential property that was in a state of disrepair. The tenants sought compensation and a reduction in rent due to the poor condition of the premises. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining whether the tenants were entitled to compensation or a reduction in rent and, if so, the extent of any such relief. The tenants were Nicholas Grace, Selvin Kwong, Michael Pfundt, Sasha Flint, Rory Grant, and Elisabeth Hoyt, while the landlords were King Long Lor, Ngo Tran Lor, and Metrocity Realty. The primary issues before the tribunal were whether the property was unfit to live in, the time limits applicable to compensation and rent reduction claims, the calculation of rent reduction, and the distribution of the rental bond. The tribunal found that the property was unfit to live in, and the time limit for compensation claims did not apply to rent reduction claims. The tribunal also found that the landlords were responsible for the state of the property and ordered a refund of the overpaid rent. The tribunal ordered that the rental bond be split between the tenants and the landlords, with the landlords holding the bond for the tenants until the costs order was paid. The tribunal also awarded costs to the tenants.

Orders