Matthew Hanney and Belinda Smiley v

The case involved landlords, Lachlan McCabe and Amanda Toshack, who were sued by their tenants, Matthew Hanney and Belinda Smiley, in the Queensland Civil and Administrative Tribunal. The tenants sought compensation for various breaches of their tenancy agreement, including failure to provide a safe and habitable living environment. The landlords contested the claims, arguing that they had fulfilled their obligations under the tenancy agreement.

The central legal issues that the tribunal had to resolve were whether the landlords had breached the tenancy agreement by failing to provide a safe and habitable living environment and, if so, what compensation was owed to the tenants. The tribunal considered whether the landlords had acted reasonably and diligently in maintaining the property and addressing the tenants' complaints.

The tribunal found that the landlords had indeed breached the tenancy agreement by failing to provide a safe and habitable living environment. They were found to have been negligent in addressing the tenants' complaints about various issues, including mould and pest infestations. The tribunal concluded that the landlords had not acted reasonably and diligently in maintaining the property, leading to the breaches. As a result, the tribunal ordered the landlords to pay the tenants $2,972.99 in total compensation for the breaches. The landlords were required to make these payments by 19 December 2014.