Marsters v Graham

The applicants, Marsters, sought damages from the respondent, Graham, for a breach of their residential tenancy agreement. The dispute centred on the adequacy of the premises provided and whether the respondent had breached their obligations under the agreement. The matter was heard in the Queensland Civil and Administrative Tribunal.

The central legal issues addressed by the tribunal involved the nature of the respondent's obligations under the residential tenancy agreement, whether these obligations were breached, and if so, what remedy was appropriate. The applicants argued that the premises were not fit for habitation and that the respondent had failed to remedy the issues in a timely manner. The respondent contended that they had fulfilled their obligations and that any issues were due to events outside their control.

The tribunal found that the respondent had breached their obligations by failing to ensure that the premises were fit for habitation. The tribunal held that the respondent had not taken reasonable steps to remedy the situation or mitigate the loss suffered by the applicants. The tribunal ordered the respondent to pay the applicants $7,822.21 in damages. The tribunal further directed that this amount be paid by the respondent to the applicants on or before 23 September 2016.