Local Realtors (Qld) Pty Ltd v Williamson

Local Realtors (Qld) Pty Ltd, the applicant, appealed against the decision of the tribunal dated 21 October 2021, which dismissed its claim for outstanding rental and other costs following the termination of a tenancy due to objectionable behaviour by the respondent, Williamson. Williamson, the respondent, counterclaimed for compensation for alternate accommodation, storage, and kennel fees. The case was heard in the tribunal and subsequently appealed to a higher court.

The legal issues before the court were whether the respondent was in arrears of rent, if the costs of cleaning and changing locks were reasonable and necessary, if it was reasonable for the respondent to vacate the premises while waiting for the application for termination to be heard, and if the compensation for alternate accommodation, storage, and kennel costs were reasonably incurred. Additionally, the court had to determine if the findings of the tribunal at first instance were open on the evidence, if there was any basis to interfere with the findings of fact, and if there were any grounds for a grant of leave. The court also had to assess if any error of law or fact was demonstrated.

The court held that the tribunal had erred in fact and law in its assessment of the costs of cleaning and changing locks, as the tribunal had failed to take into account the evidence of the condition of the premises at the time of termination. The court found that the costs of cleaning and changing locks were reasonable and necessary, and the respondent was in arrears of rent. The court also found that it was reasonable for the respondent to vacate the premises while waiting for the application for termination to be heard, and that the compensation for alternate accommodation, storage, and kennel costs were reasonably incurred. Therefore, the court set aside the decision of the tribunal and ordered that the applicant is to pay the respondent the sum of $1,267.20.