Hayes v Twomey Schriber Property Group

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Hayes v Twomey Schriber Property Group  [2022] QCATA 32

PARTIES:

FREDERICK GEOFFREY HAYES 

(applicant/appellant)

v

TWOMEY SCHRIBER PROPERTY GROUP

(respondent)

APPLICATION NO/S:

APL034-21

ORIGINATING APPLICATION NO/S:

MCDT346/20

MATTER TYPE:

Appeals

DELIVERED ON:

24 March 2022

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC

ORDERS:

Application for leave to appeal from the decision of the Tribunal of 1 February 2021 refused.   

CATCHWORDS:

LANDLORD AND TENANT – RIGHTS AND LIABILITIES APART FROM COVENANT – OTHER MATTERS – residential tenancy – premises in need of repair – tenants had to move out during repairs – whether obligation on lessor to provide reasonable alternative accommodation 

LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEE – QUIET ENJOYMENT – premises in need of repair – tenants had to move out during repairs – whether obligation on lessor to provide reasonable alternative accommodation – whether tenants have right to damages

Residential Tenancies and Rooming Accommodation Act 2009 (Qld) s 183, s 185(3)(b), s 192(1)(b) 

Austin v Bonney [1999] 1 Qd R 114
Campbell v Queensland Building and Construction Commission [2021] QCATA 34
Craig v Mark Kelada Auto Sellers [2016] QCATA 48
Crime and Corruption Commission v Lee [2019] QCATA 38
Gration v C Gillan Investments Pty Ltd [2005] 2 Qd R 267

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. The appellant and his wife were tenants of a residential unit in Cairns, and had been for over ten years.  In March 2020 the unit was adversely affected by an escape of water, apparently from the unit above, and in need of repair.  The respondent agent for the owner organised contractors to do the repairs, and they required possession of the unit for some days while the work was carried out.  The respondent offered to arrange alternative accommodation at a similar cost to that of the rented unit which would be made available on the basis of the tenants continuing to pay their usual rent, or to allow them to stop paying rent while out of the unit and arrange their own accommodation, or to agree to a termination of the tenancy. 

2. The alternative accommodation which the respondent offered was at premises on the outskirts of Cairns.  The appellant and his wife are getting on, and do not have a car.  They ride bicycles, and staying on the outskirts of Cairns was not convenient for them, for attending medical appointments, visiting friends and the like.  They moved instead to short term accommodation about half a kilometre away from the premises, which was more expensive than their usual rent.  The present claim was for the cost of that accommodation.  After a hearing on 11 January 2021 a Member[1] on 1 February 2021 ordered the respondent to refund the rent paid by them for the period they…