Hiscox v PBG Realty

[2019] QCATA 112

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Hiscox v PBG Realty [2019] QCATA 112

PARTIES:

JOEDI HISCOX

(appellant)

v

PBG REALTY

(respondent)

APPLICATION NO/S:

APL262-18

ORIGINATING APPLICATION NO/S:

MCDT1297/18 (Brisbane)

MATTER TYPE:

Appeals

DELIVERED ON:

29 July 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:

Leave to appeal against the decision made on 26 July 2018 in MCDT1297/18 (Brisbane) is refused. The appeal fails.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – leave to appeal – where it is said an Adjudicator should have found differently about a listing on the TICA tenancy database – whether any reasonably arguable grounds of appeal

LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES – OTHER MATTERS – where the tenant was listed on the TICA tenancy database  – whether there was an approved reason for listing

LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES – RENT – where the tenant gave a notice of intention to leave and then vacated the premises – where the grounds on the notice were not recognised by the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) – whether the residential tenancy agreement ended having regard to section 277 of the Act – whether the tenant’s rent obligation continued

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 277, s 302 – 308, s 327, s 331, s 424, s 459

Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), s 13 - 19

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 13

REPRESENTATION:
Appellant:	Self-represented
Respondent:	No appearance
APPEARANCES:	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. This is an appeal from a decision of an Adjudicator in a residential tenancy matter.  Joedi Hiscox was the tenant of rental premises.  He broke his lease and some money was owing to the lessor.  Because of this, the property manager listed the tenant on the TICA tenancy database.

2. The tenant applied to the tribunal to have the listing removed on the basis that the listing was for rent arrears and there were no such arrears, and there were insufficient grounds to make the listing.

3. An Adjudicator heard the tenant’s application on 26 July 2018. At the hearing the following facts were agreed.  The tenant occupied the premises under a residential tenancy agreement which had a fixed term expiring on 11 October 2018.  On 11 November 2017 the tenant gave the lessor’s agent a notice of intention to leave with a handover day of 1 December 2017.  The tenant vacated the premises on the handover day.  The premises were relet with the new tenant paying rent from 18 January 2018.

4. The Adjudicator found that the tenant owed money to the lessor in respect of the period up to when the new tenant started to pay rent.…