Liebech v Rent My Property

CITATION: Liebech v Rent My Property & Ors [2015] QCAT 378

PARTIES:	David Liebech Catherine Liebech (Applicants)
v
Rent My Property Matthew Harvey Simon Hourigan Aaron Lawton Alexandra Lawton Connor McDonald Luka Weti (Respondents)

APPLICATION NUMBER: MCDT2863-14

MATTER TYPE: Residential tenancy matters

HEARING DATE: 31 July 2015

HEARD AT: Brisbane

DECISION OF:	Mr Martin, Justice of the Peace (Presiding) Mr Carpenter, Justice of the Peace
DELIVERED ON:	18 September 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.    Leave is granted for Mrs. McDonald to represent Mr. McDonald.

2.    The respondents, save for Rent My Property, pay the applicants the sum of $4,085.34 within 28 days of the date of this order.

CATCHWORDS:

Residential tenancy matter - non-provision of Entry and Exit Condition Reports - non-provision of General Tenancy Agreement – whether occupants are tenants if not included on the Tenancy Agreement – apportionment of compensation between tenants – whether fair wear and tear -  Australian Tax Office depreciation rates – when Tenancy Agreement ends – quantifying betterment – joint and several obligations of tenants – duty to mitigate loss or expense.

Residential Tenancies and Rooming Accommodation Act 2008 (Qld) ss 13, 277, 362, 420(1)(e)
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 3

Griffin v Gini [2011] QCATA 325
Cavric Pty Ltd t/a Cavalier Homes Mackay v Cameron [2010] QCATA 90
One Door Property Pty Ltd v Hawthorne [2015] QCATA 58

APPEARANCES:

APPLICANTS:	David Liebech (in person) Catherine Liebech (in person)
RESPONDENTS:	Rent My Property (no appearance) Mr. Matthew Harvey (no appearance) Mr. Simon Hourigan (in person) Mr. Aaron Lawton (in person) Ms. Alexander Lawton (in person) Mr. Connor McDonald (represented by Mrs. McDonald) Mr. Luke Weti (no appearance)

REPRESENTATIVES:

RESPONDENT: By consent of the parties present and by leave of the Tribunal, Mr. McDonald was represented by his mother, Mrs. McDonald.

REASONS FOR DECISION

Background

1. By application filed on 28 November 2014, the applicants sought that the respondents pay compensation in the sum of $4,163.80 as follows:

   a)    keys and garage remotes in the sum of $551.38;

   b)    internal and external bond clean in the sum of $1,200.00;

   c)    repairs and maintenance in the sum of $295.00;

   d)    replacement of front door bell, outside light fittings, light globes and smoke alarm in the sum of $68.86;

   e)    garden cleanup in the sum of $597.50;

   f)     replacement bench and vanity tops in the sum of $1,730.00, and

   g)    rental compensation in the sum of $3,594.00.

2. The sum of the above is $8,036.74. The applicants’ insurer, APIA Insurance, has paid them $551.38 for the replacement of keys and garage remotes, leaving a residue of $7,485.36. The Residential Tenancies Authority (“the Authority”) has paid $2,680.00 rental bond to the applicants. This leaves a residue of $4,805.36. It is agreed between the parties that Mr. McDonald has paid the applicants the sum of $641.56. This leaves a residue of $4,163.80.

3. The applicants are seeking compensation for those sums listed at [1] b) to [1] g) above. They are also seeking compensation for rent…