Patricia Lo Presti v G Mak and M Fung

The dispute before the court involved Patricia Lo Presti, the tenant, and G Mak and M Fung, the landlords. The tenant sought relief based on alleged breaches of the Residential Tenancies Act 2010 by the landlords, specifically concerning maintenance and repair of the rental property. The matter was heard in the Residential Tenancy Tribunal of Queensland. The tenant argued that the landlords had failed to maintain the property in a habitable condition, citing issues such as leaks and mould. The landlords, in turn, denied these claims and argued that the issues were either not present or had been addressed adequately.

The legal issues before the tribunal centred on whether the landlords had breached their obligations under the Act by failing to maintain the property in a reasonable state of repair. The tribunal had to determine whether the landlords' conduct amounted to a breach of their statutory duties and, if so, whether the breaches warranted the tenant's claims for relief. The tribunal also needed to consider the evidence presented by both parties and assess the credibility of the witnesses.

The tribunal found that the landlords had not breached their obligations under the Act. It concluded that the evidence provided by the tenant did not substantiate the claims of significant disrepair or habitability issues. The tribunal found the landlord's evidence more credible, determining that the landlords had fulfilled their duties to maintain the property. Consequently, the tribunal dismissed the tenant's application. The application for relief based on the alleged breaches was therefore unsuccessful.