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
The Respondent, was, at the date of…
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- AGLC
- Vanilla Rentals v Tenant [2023] QCAT 519
- Case
- [2023] QCAT 519
- Decision Date
CaseChat Overview and Summary
The tribunal considered the nature of the dispute, the legal issues, and the rights of the parties. It determined that the human rights relied upon by the tenant did not apply to the extent that they would prevent the tribunal from exercising its discretion to terminate the tenancy. The tribunal also considered the factors it was required to take into account in exercising its discretion and found that the tenant's desire to remain in the premises was outweighed by the need for the premises to be available to the lessor. The tribunal concluded that it should exercise its discretion to terminate the tenancy and that the effective date of termination should be midnight on 11 January 2024.
The tribunal issued an order terminating the residential tenancy agreement as from midnight on 11 January 2024 on the ground of failure to leave. It also issued a warrant of possession authorising a police officer to enter the rental premises. The warrant was to take effect on 12 January 2024 and remain in effect for 14 days, to expire at 6.00pm on 26 January 2024. The warrant was to be executed as soon as reasonably practicable after taking effect, and entry under the warrant was to be between the hours of 8.00am and 6.00pm.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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