Toowong Units Pty Ltd v Beal

CITATION: Toowong Units Pty Ltd v Beal [2011] QCAT 366

PARTIES:	Toowong Units Pty Ltd t/as Teneriffe Hill Apartments
v
Graham Douglas Beal

APPLICATION NUMBER: MCDT2858-10 / MCDT2806-10

MATTER TYPE: Residential tenancy matters

HEARING DATE: 8 February 2011

HEARD AT:  Brisbane

DECISION OF: Tammy Williams, Adjudicator

DELIVERED ON: 1 July 2011

DELIVERED AT: Brisbane

ORDERS MADE:

1.   The respondent pay the applicant the sum of $817 forthwith, being:

a.   A break lease and relet fee of $517.00; and

b.   The cost of repairs to the damaged bathroom door in the amount of $300.00

2.   The Residential Tenancy Authority releases from the $1,840 bond held, in partial satisfaction of this order:

a.   $817.00 to the applicant; and

b.   $1,023 to the respondent

3.     The applicant to reimburse the respondent forthwith the sum of $312.87 for rent monies paid and held in credit, beyond the date of vacant possession.

CATCHWORDS:

Lessor’s application for compensation for Queensland Fire and Rescue Service call out fees for alarms – requirement for tenant to pay under special terms and body-corporate by-laws – building exceeded number of permissible call outs for false alarms – failure to maintain building – breach of quiet enjoyment – break-lease fee – compensation for bathroom door

Residential Tenancies & Rooming Accommodation Act 2008, ss 183(1), 185(3)(b), (c)
Fire and Rescue Service Act 1990, s 104DA

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr Ronald Slebos
RESPONDENT:	Mr Graham Douglas Beal

REASONS FOR DECISION

Introduction

[1]Teneriffe Hill Apartments filed an application with the Queensland Civil and Administrative Tribunal (QCAT), naming Mr Graham Douglas Beal as the respondent.  The applicant sought compensation from the respondent in the amount of $1,938.43:

·      For the cost of the Queensland Fire and Rescue Service (QFRS) to attend the premises as a result of an alarm activated by activities within the respondent’s apartment (in the amount of $1,434.30);

·      A break lease, re-let fee of $517.00; and

·      Compensation in the amount of $300.00 to replace and repaint the bathroom door.

Also to the applicant’s credit was the disclosure that $312.87 is currently held in trust and payable to the respondent, for rental monies paid beyond the date of vacant possession.

[2]Mr Beal filed a counter-claim seeking a partial refund of the $1,840.  From the outset and to his credit he consented to the following deductions being made from the bond:

·      A break lease fee of $517.00; and

·      The sum of $300.00 for repairs to the bathroom door.

[3]However the respondent believed there were reasonable grounds why he should not be liable for the fines and/or charges associated with the QFRS attendance at the property.

[4]The Tribunal held a hearing at the Queensland Civil and Administrative Tribunal’s hearing rooms in Brisbane.  Leave was granted to the applicant to be represented by its onsite manager Mr Ronald Slebos.  Both parties gave evidence and provided the Tribunal with documentary evidence.  The Tribunal reserved its decision so it could carefully consider the evidence and submissions of both parties in…