Kanapathy v In De Braekt

In *Kanapathy v In De Braekt*, the Queensland Civil and Administrative Tribunal (QCAT) considered a dispute between a landlord, Mr Kanapathy, and a tenant, Ms In De Braekt, concerning the termination of a residential tenancy agreement and the recovery of alleged unpaid rent and damages. The landlord sought to recover possession of the premises and payment for rent arrears and damage to the property.

The Tribunal was required to determine whether the landlord had validly terminated the residential tenancy agreement and, if so, whether the tenant was liable for the claimed rent arrears and damages. Specifically, the Tribunal had to assess the adequacy of the notice of termination provided by the landlord and the evidence presented to substantiate the claims for unpaid rent and property damage.

Judge Vasta found that the landlord had failed to establish that the notice of termination was validly served on the tenant in accordance with the *Residential Tenancies and Rooming Accommodation Act 2008* (Qld). Consequently, the termination of the tenancy was ineffective. Furthermore, the Tribunal determined that the evidence presented by the landlord was insufficient to prove the extent of the alleged rent arrears and the specific damages claimed. The landlord's failure to provide adequate proof meant that the claims could not be substantiated.

The Tribunal therefore dismissed the landlord's application for possession and monetary orders.