Schroder v Ray White Wynnum Manly

[2010] QCAT 372

CITATION: Schroder v Ray White Wynnum Manly [2010] QCAT 372

PARTIES:	Mr Raymond Paul Schroder
v
Ray White Wynnum Manly as agent for Brenton Burford

APPLICATION NUMBER:   22/2010

MATTER TYPE: Other minor civil dispute matters

HEARING DATE:     29 April 2010

HEARD AT:  Wynnum

DECISION OF: P McGrath

DELIVERED ON: 8 June 2010

DELIVERED AT:      Brisbane

ORDERS MADE: The application be dismissed.

CATCHWORDS :  Residential Tenancies and Rooming Accommodation Act 2008

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr Raymond Paul Schroder
RESPONDENT:	Ray White Wynnum Manly represented by Patricia Eshman, Property Manager and Kath Scott, Supervisor

REASONS FOR DECISION

1. The Applicant, Mr Schroder, filed the application on 13 April 2010 in which he seeks a claim of $25,000 against the tenant on the basis of “objectionable behaviour”.  In attachment A to the application, Mr Schroder quotes that the agent advertised the property with a spa pool, which upon entry wasn’t there.  He noted numerous stains on the carpet, he says that the agent crossed out this part of the entry report and returned it stating there were no stains and that he was liable for the cleaning.

1. The Applicant says that in the first week there were possums living in the ceiling, when the possums moved, it was evident, according to the applicant from the pest control person there were rats in the ceiling as they didn’t put baits in for the possums.  The agent informed him that it was his responsibility to repair any issues regarding rats.

1. The Applicant said he is a good tenant and that the property is in better condition than when he moved in.  The claim of $25,000 is made up of an alleged loss of revenue by the Applicant which is contained in attachment 8 to his application, these are:

   Preparations for QCAT appearance for 1 day - $5,000 estimate

   Appearance for 1 day - $5,000 estimate

   Moving costs and packing for 2 days - $10,000 estimate

   1 day moving activities - $5,000 estimate

   1 day finding new housing - $5,000 estimate

   Moving facilities - $2,500 estimate

The Applicant says that he is a professional person who charges $5,000 per day for his services and accordingly he will be out of pocket to this extent should he leave the current premises.

1. It is clear that the Applicant has not expended these monies and has a duty to mitigate any damages that he might suffer in vacating the premises.  It is ludicrous to suggest that it would cost the amount claimed by the Applicant in his vacating the premises.

1. The Applicant, during the course of the hearing, indicated that he was prepared to vacate the premises by 15 May 2010 and the Tribunal noted that intention.

1. In the circumstances it is clear that the Applicant has not expended the monies claimed by him in the application and accordingly the application is dismissed.