Joliffe-Martin v Ferguson

[2011] QCAT 365

CITATION: Joliffe-Martin and Anor v Ferguson and Anor [2011] QCAT 365

PARTIES:	Ms Jacqueline Joliffe-Martin
Mr George Martin
(Applicants)
v
Ms Shiree Ferguson
Mr Jeremy Tritton
(Respondents)

APPLICATION NUMBER: MCDT430-11

MATTER TYPE: Residential tenancy matters

HEARING DATE: 20 June 2011

HEARD AT:  Brisbane

DECISION OF: Ms Williams, Adjudicator

DELIVERED ON: 9 August 2011

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The applicants’ claim be dismissed;

2.    The applicants pay the respondents the total sum of $2,208.60 being rental credits, within 28 days;

3.    The Residential Tenancy Authority releases the $1498.20 bond in favour of the respondents.

CATCHWORDS:

Minor Civil Dispute – Residential Tenancy – section 429 General Dispute between lessor and tenant about a general tenancy agreement – Where applicants claim breach of agreement by rental arrears and underpayment of rent – Where applicants claim compensation for damage to property

Residential Tenancies and Rooming Accommodation Act 2009, ss 362(3)(b), 421(1)

APPEARANCES and REPRESENTATION (if any):

This matter was heard on the papers pursuant to section 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

Introduction

[1]    The issue in dispute is whether the applicants are entitled to $2,110.01 in unpaid rent, compensation and reimbursement for monies provided to the respondents.

[2]    The matter was listed on 14 March 2011.  Both parties were present, however the first applicant and second respondent did not attend.  The matter proceeded in their absence with Mr Martin (the second applicant) and Ms Ferguson (the second respondent) making submissions and giving evidence to the Tribunal on their behalf.

[3]    Initially the applicants filed a claim in the Registry on 24 February 2010 seeking an order to be made in their favour against the respondents, in the amount of $2,997.92 for rental arrears and compensation for damage to the wooden floor.

[4]    The applicants sought an adjournment to amend their claim in light of fresh evidence filed by the respondents.  The Tribunal adjourned the matter and ordered inter alia:

“Parties granted leave to file with Registry by 4pm, 11 April 2011, submissions and evidence they seek to rely on at hearing.  A copy of same must be provided to the other part by this date.  In the event of the Applicants failing to amend their claim by this date, the Tribunal may dismiss the matter.”

[5]    Consequently the applicants filed their amended claim on 11 April 2011 with additional documentary evidence, arguing they are entitled to compensation for the following items:

·Money given to the respondents on 5 October 2005 for ‘cleaning & food’ in the amount of $650.00;

·Rental Arrears for the period 23 December 2009 to 22 December 2010 in the amount of $85.01; and

·Compensation for damage to the wooden floor in the amount of $1,375.00.

[6]    Also on the 11 April 2011, the respondents filed a counter-application and sought the following orders to be made:

·The applicants’ claim for rental arrears, repairs to the wooden floor and monies said to be provided to the respondents for ‘cleaning…