Salmon v Professionals Black & Young Burleigh

[2017] QCAT 47

CITATION:

Salmon v Professionals Black & Young Burleigh [2017] QCAT 47

PARTIES:

Christopher Salmon
(Applicant)

v

Professionals Black & Young Burleigh

(Respondent)

APPLICATION NUMBER:

MCDT2766-16

MATTER TYPE:

Residential tenancy matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

17 February 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The application by the respondent to dismiss the proceeding is refused.

CATCHWORDS:

Residential Tenancies and Rooming Accommodation Act 2008 (Qld) – Agent competent to be made a respondent to a tenant’s application – agent to stand in lessor’s place – no right of dismissal for naming lessor’s agent as respondent

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 206(3)
Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), reg 23

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. In the initiating application filed 30 November 2016, Mr Salmon a tenant of premises at Burleigh Heads managed by the respondent, Professionals Black & Young Burleigh sought $25,000.00 as a decrease in rent during the course of the tenancy, referrable to shortcomings, defects and reduced amenity of the premises and on account of Bond monies previously remitted to the owner in error.

2. Professionals Black & Young Burleigh were nominated on the General Tenancy Agreement as managing agent.

3. On 30 January 2017, Professionals Black & Young Burleigh applied to dismiss this proceeding on the basis that Mr Salmon had incorrectly commenced the proceeding against the managing agent, when the correct respondent was the property owner. It was asserted any issues were between the tenant, Mr Salmon, and the property owner; that the managing agent was not a contracting party to the tenancy agreement and not personally or otherwise liable to the tenant in relation to the relief sought by the applicant, Mr Salmon.

4. Section 206(3) of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act) states as follows:

   (3) If details of the agent mentioned in subsection (1)(b) are given to the tenant under this section, the agent stands in the lessor’s place for a prescribed proceeding and, for example—

   (a)the proceeding may be taken against the agent as if the agent were the lessor;…

5. A prescribed proceeding pursuant to s 206 of the RTRA Act is under regulation 23 of the Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), ‘any application a lessor or tenant may make to a tribunal is a prescribed proceeding’.

6. The subject proceeding is a prescribed proceeding. It is competent for a tenant to make an application against the managing agent. For that reason, there is no basis for the respondent agent, Professionals Black & Young Burleigh to assert that that it is the incorrect respondent. Accordingly, Professionals Black & Young Burleigh’s application to dismiss the proceeding is refused.