Gubier v Queensland Department of Housing and Public Works

In the matter of Gubier v Queensland Department of Housing and Public Works, the Queensland Civil and Administrative Tribunal was called upon to adjudicate between a tenant and the Department of Housing and Public Works over a tenancy agreement pertaining to social housing services. The Applicant, Ms Gubier, sought compensation and a reduction in rent due to alleged mould infestation in the premises. Conversely, the Department sought an order terminating the tenancy on account of the Applicant's prolonged absence from the premises without permission. This absence rendered her ineligible for public housing assistance, as per the fair absence policy.

The primary legal issues before the tribunal were whether the premises were rendered uninhabitable by mould growth, whether the Applicant's actions were barred by section 419 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), and whether there were any errors of law or fact warranting an appeal. Section 419 stipulates a six-month limitation period for tenants to lodge complaints regarding breaches of tenancy terms. The Applicant's delay of over two years in bringing her claim was clearly beyond this period. Additionally, the tribunal needed to determine whether the alleged mould infestation indeed made the premises uninhabitable, a fact contested by the Department.

The tribunal found that the Applicant's claim was out of time and thus barred by section 419 of the Act. The tribunal reasoned that the Applicant had ample time to raise the issue of mould infestation and its impact on her eligibility for public housing assistance but failed to do so within the prescribed six-month period. The tribunal also held that the Applicant's absence from the premises without permission resulted in her ineligibility for public housing assistance, effectively barring her claim for compensation and rent reduction. The tribunal dismissed the appeal, finding no errors of law or fact that warranted a grant of leave to appeal.

The tribunal's final orders were to refuse the application for leave to appeal.