Local Realtors (Qld) Pty Ltd v Williamson

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Local Realtors (Qld) Pty Ltd v Williamson  [2022] QCATA 173

PARTIES:

localrealtors (qld) pty ltd t/as local realtors

(appellant)

v

Troy Williamson

(respondent)

APPLICATION NO/S:

APL300-21

ORIGINATING APPLICATION NO/S:

MCDT70-21

MATTER TYPE:

Appeals

DELIVERED ON:

4 November 2022

HEARING DATE:

25 October 2022

HEARD AT:

Brisbane

DECISION OF:

Member Richard Oliver

ORDERS:

1.   Leave to appeal is granted.

2.   The decision of the tribunal date 21 October 2021 in MCDT70-21 is set aside.

3.   In lieu thereof it is ordered that applicant is to pay the respondent the sum of $1,267.20.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – FINDINGS OF FACT – where tenancy terminated because of  objectionable behaviour – where applicant claimed outstanding rental and other costs in respect of a tenancy on termination – where the respondent counter-claimed for costs of accommodation, storage and kennel fees – whether the respondent was in arrears of rent – whether the costs of cleaning and change of locks was reasonable or necessary – whether it was reasonable for the respondent to vacate the premises while waiting for application for termination to be heard – whether compensation for alternate accommodation, storage and kennel cost were reasonably incurred – whether the findings of the tribunal at first instance open on the evidence –– whether any basis to interfere with findings of fact ––whether grounds for a grant of leave – whether any error of law or fact demonstrated.

Queensland Civil and Administrative Tribunal Act sections 28, 29 and 142(3)(a)(i)

Residential Tenancy and Rooming Accommodation Act ss 313, 362, 419, 420 and 429

Terera & Anor v Clifford [2017] QCA 181.
Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22.

APPEARANCES & REPRESENTATION: The parties appeared in person

Background

1. The respondent, Mr Williamson and his then co-tenant Ms Ryan, entered into a residential tenancy agreement with the applicant, as managing agent, in respect of a rental house in Hemmant in January 2021. The agreement provided for weekly rental of $780.00/wk and was for a term of 12 months. An initial bond of $3,120 was paid.

2. The tenants had issues with the representative of the applicant, Mr Stebbings, and ultimately Ms Ryan moved out of the tenancy. Half the bond was repaid to her. That left Mr Williamson with the tenancy alone. The conflict continued with the applicant alleging Mr Williamson was in arrears of rent. This was in fact the case.

3. On 17 April 2021, the applicant gave Mr Williams a Notice to Remedy Breach for rental arrears. There is no dispute that he was in arrears at the time, even though a rental bond was with the Residential Tenancy Authority as security for rent and other expenses. When Mr Williamson failed to remedy the breach the applicant gave him a Notice to Leave. The date to vacate the premises pursuant to the Notice to Leave was 29 April 2021.

4. To avoid this being…