Vanilla Rentals v Tenant

[2023] QCAT 519

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Vanilla Rentals v Tenant [2023] QCAT 519

PARTIES:

VANILLA RENTALS

(applicant)

v

TENANT

(respondent)

APPLICATION NO/S:

T467/23

MATTER TYPE:

Minor Civil Dispute

DELIVERED ON:

7 November 2023

HEARING DATE:

18 October 2023

HEARD AT:

Ipswich

DECISION OF:

Adjudicator Gaffney

ORDERS:

1.   The residential tenancy agreement between the parties be terminated as from midnight on 11 January 2024 on the ground of failure to leave.

2.   A Warrant of Possession to issue authorising a police officer to enter the rental premises.

3.   The Warrant shall take effect on 12 January 2024 and remain in effect for 14 days, to expire at 6.00pm on 26 January 2024.

4.   The Warrant to be executed as soon as reasonably practicable after taking effect.

5.   Entry under this Warrant shall only be between the hours of 8.00am and 6.00pm.

CATCHWORDS:

CIVIL LAW – CIVIL TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE – HUMAN RIGHTS – where the lessor’s agent applied to terminate a fixed term residential tenancy agreement under s 293 of the Residential Tenancies and Rooming Accommodation Act2008 (Qld) (‘RTRAA’) based on a Form 12 notice to leave for end of fixed term agreement issued under s 291 of the RTRAA – where the tenant wished to stay in the residential premises for at least 6 months – where the tenant relied on various human rights under the Human Rights Act2019 (Qld) (‘HRA’) – whether any of the human rights applied and to what extent – whether the Tribunal’s power to issue a termination order under s 340(2) of the RTRAA was enlivened – the factors to be taken into account in the exercise of the discretion – whether the Tribunal should exercise a discretion to terminate the tenancy and from what date.

Acts Interpretation Act 1954 (Qld), s 14B(1), s 36, Schedule 1
Human Rights Act 2019 (Qld), s 5(2)(a), s 9, s 11, s 13, s 15, s 17(b), s 19, s 24, s 25, s 26, s 29, s 37 s 48, s 58
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 11, s 13
Residential Tenancies and Rooming Accommodation Act2008 (Qld), s 277, s 291, s 293, s 326, s 340(2), s 350(2)

Attorney-General for the State of Queensland v Grant (No 2) [2022] QSC 252
Attorney-General for the State of Queensland v Sri [2020] QSC 246
Cuda v Moriconi [2014] QCAT 83
Momcilovic v R (2011) 245 CLR 1
Owen-Darcy v Chief Executive, Queensland Corrective Services [2021] QSC 273
Pye v Argyle Community Housing Ltd ACN 002 761 855 (Appeal) [2021] ACAT 84
Slaveski v Smith [2012] VSCA 25
Stringer v ILOOKProperty [2023] QCATA 135
The State of Queensland through the Department of Housing and Public Works v Tenant [2020] QCAT 144

APPEARANCES & REPRESENTATION:
Applicant:	Rebecca Brice and Natasha Mailath
Respondent:	Self-represented

REASONS FOR DECISION

Background

1. The Respondent, was, at the date of…