Hayward & Anor v LJ Hooker Longreach

CITATION: Hayward & Anor v LJ Hooker Longreach[2013] QCATA 221

PARTIES:	Douglas Ross Hayward Rosalie Anne Frost (Appellants)
v
LJ Hooker Longreach (Respondent)

APPLICATION NUMBER: APL104-13

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Justice Alan Wilson, President

DELIVERED ON: 5 August 2013

DELIVERED AT: Brisbane

ORDERS MADE:

1.   Leave to appeal granted.

2.   The decision of 14 January 2013 is confirmed.

3.   Appeal dismissed.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY – where applicants entered into tenancy agreement for property managed by the respondent – where applicant’s position in the Queensland Public Service was made redundant – where the applicant was offered new position in a different city – where applicants gave notice of intention to leave and vacated the property – where condition of applicant’s employment provided for reimbursement of expenses and other costs associated with relocation – where applicants applied for termination of tenancy agreement on grounds of excessive hardship under s 310 of the Residential Tenancies and Rooming Accommodation Act 2008 – where Tribunal found applicants would not suffer excessive hardship if tenancy agreement was not terminated – where applicants seek to appeal that decision – whether applicants established grounds for excessive hardship – whether leave to appeal should be granted

PRACTICE AND PROCEDURE – NATURAL JUSTICE – BIAS – where Magistrate referred to lessor as the ‘innocent landlord in this matter’ – whether comments amount to reasonable bias – whether breach of natural justice

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. Douglas Hayward and his partner Rosalie Frost were tenants in a house at Bluebird Court, Longreach which was managed, for its owner, by LJ Hooker Longreach. The tenancy agreement was for a fixed term between 21 December 2011 and 20 December 2012. The weekly rent was $420.00, and the rental bond was $1680.00.

2. In August 2012, Mr Hayward’s position in the Queensland Public Service was made redundant. Shortly after that time he was offered a new position with the Public Service in Townsville. However, acceptance of that position meant he was required to move to Townsville as early as late September.

3. LJ Hooker Longreach was given a notice of intention of leave without grounds dated 24 September 2012. The notice shows Mr Hayward and Ms Frost intended to give up vacant possession on 26 October 2012 (‘the handover date’).

4. Section 277 of the Residential Tenancies and Rooming Accommodation Act 2008 (‘RTRA Act’) sets out the ways in which a tenancy agreement ends. Those circumstances include where the tenant gives a notice of intention to leave the premises to the lessor; and hands over vacant possession of the premises on or after the handover day.[1]

   [1]RTRA Act s 277(3).

5. There are minimum notice periods which must be given. If a notice is given without grounds for a fixed term agreement,…