Sasip Pty Ltd v Ashe

The applicant, Sasip Pty Ltd, filed an application for compensation for damage caused by the respondent tenants, Mr Ashe and Mr Huth, during their tenancy of a property at Biggera Waters. The tenants counterclaimed for compensation for expenses incurred due to the applicant’s notice to leave the property on the grounds of owner occupation, which they say was a misuse of the COVID-19 regulations. The application was heard by Adjudicator Lember who found that the tenants had attempted to deceive the Tribunal by fabricating evidence in a concerted effort to reduce or defeat the applicant’s claim. The Tribunal did not dismiss the tenants’ counter application, instead finding on the merits that the notice to leave was lawfully given and that the tenants’ moving expenses were not caused by any breach of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) or the tenancy agreement. The Tribunal ordered the tenants to pay the applicant $7,080.29 comprising water charges of $123.21, $2,463.64 for carpet damage and $4,493.44 for vinyl floor damage. The Tribunal ordered that the bond held by the Residential Tenancies Authority be released to the applicant in full and that the tenants pay the remaining amount by 31 May 2021.