QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Yates & Anor v Littlee Properties Pty Ltd [2020] QCAT 508
PARTIES: RICHARD ROY YATES
BERYL HARRIET YATES
(applicants)
v
LITTLEE PROPERTIES PTY LTD (respondent)
APPLICATION NO/S:
T326/20
MATTER TYPE:
Residential tenancy matters
DELIVERED ON:
26 October 2020
HEARING DATE:
14 August 2020
HEARD AT:
Caboolture
DECISION OF:
Adjudicator Lember
ORDERS: BY CONSENT IT IS ORDERED:
1. The respondent to reinstate all fences to the side and rear of the property to the state that they were in as at 19 May 2020.
2. The respondent to “make good” the fenced area behind the house on the property, by filling in all holes created by the removal of trees and fence posts, and levelling the round with a roller or similar.
3. The respondent to remove all soil and building materials deposited within the boundaries of the area covered by the Residential Tenancy Agreement dated 29 March 2019.
IT IS FURTHER ORDERED:
4. That the area of the leased tenancy under the General Tenancy Agreement dated 29 March 2019 and referred to in Special Term 7 as the “house and immediate surrounds” is the two-acre (or thereabouts) parcel of land identified as Lot 6 upon which the house and shed are situated.
5. That there be a credit on the rent account to reflect a reduction in rent of $132.50 per week ending on the earlier of the date of completion of all of the respondent’s works in Orders 1 to 3, and the date the tenancy ends.
6. That over and above that credit, the rent be reduced by $32.50 per week for the permanent loss of the garden amenities that cannot be reinstated to their original condition before the lease commenced from 19 May 2020 to the date the tenancy ends.
7. That the credit in Orders 5 and 6 be partially discharged by a lump sum payment by the respondent to the applicants of $2,145.00 for the 13-week period commencing 19 May 2020 to be made by the respondent to the applicants within 14 days of the date of this Order.
8. That the breach notices issued by the respondent to the applicants for aggressive behaviour and obstruction of works are set aside.
9. That the respondent pay the applicants the additional sum of $345.80 in costs within 14 days of the date of this Order.
10. A copy of this decision together with formal orders will be mailed out to the parties by the Registry.
CATCHWORDS: LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES – QUIET ENJOYMENT – where area of tenancy in dispute – meaning of immediate surrounds – where earthworks impacted quiet enjoyment
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 11, s 13, s 102, Schedule 3
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 11, s 12, s 94, s 416, s 419, s 420, s 429
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- AGLC
- Yates v Littlee Properties Pty Ltd [2020] QCAT 508
- Case
- [2020] QCAT 508
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the tribunal were the definition of the "immediate surrounds" of the tenancy as outlined in the residential tenancy agreement and whether the respondent's actions had breached the agreement. The tribunal had to determine the extent of the leased area and whether the respondent's earthworks and removal of structures constituted a breach of the tenant's right to quiet enjoyment and other provisions within the agreement.
The tribunal found that the "immediate surrounds" of the tenancy referred to the two-acre parcel of land, including the house and shed. It was determined that the respondent's actions, including the removal of fences and trees, had breached the tenancy agreement by disrupting the tenant's quiet enjoyment and creating an unsafe environment. The tribunal ordered the respondent to reinstate the fences, make good the area behind the house, and remove soil and building materials from the leased premises. Additionally, the tribunal mandated a reduction in rent to reflect the diminution in the tenant's enjoyment and ordered the respondent to make a lump sum payment to the tenant. The breach notices issued by the respondent were set aside, and the respondent was ordered to pay the tenant's costs.
The final orders of the tribunal required the respondent to reinstate the fences, make good the area behind the house, and remove soil and building materials from the leased premises. The tribunal also ordered a reduction in rent and a lump sum payment to the tenant, set aside the breach notices issued by the respondent, and directed the respondent to pay the tenant's costs. The decision was communicated to the parties via mail from the registry.
Orders
Orders of the court
BY CONSENT IT IS ORDERED:
1. The respondent to reinstate all fences to the side and rear of the property to the state that they were in as at 19 May 2020.
2. The respondent to “make good” the fenced area behind the house on the property, by filling in all holes created by the removal of trees and fence posts, and levelling the round with a roller or similar.
3. The respondent to remove all soil and building materials deposited within the boundaries of the area covered by the Residential Tenancy Agreement dated 29 March 2019.
IT IS FURTHER ORDERED:
4. That the area of the leased tenancy under the General Tenancy Agreement dated 29 March 2019 and referred to in Special Term 7 as the “house and immediate surrounds” is the two-acre (or thereabouts) parcel of land identified as Lot 6 upon which the house and shed are situated.
5. That there be a credit on the rent account to reflect a reduction in rent of $132.50 per week ending on the earlier of the date of completion of all of the respondent’s works in Orders 1 to 3, and the date the tenancy ends.
6. That over and above that credit, the rent be reduced by $32.50 per week for the permanent loss of the garden amenities that cannot be reinstated to their original condition before the lease commenced from 19 May 2020 to the date the tenancy ends.
7. That the credit in Orders 5 and 6 be partially discharged by a lump sum payment by the respondent to the applicants of $2,145.00 for the 13-week period commencing 19 May 2020 to be made by the respondent to the applicants within 14 days of the date of this Order.
8. That the breach notices issued by the respondent to the applicants for aggressive behaviour and obstruction of works are set aside.
9. That the respondent pay the applicants the additional sum of $345.80 in costs within 14 days of the date of this Order.
10. A copy of this decision together with formal orders will be mailed out to the parties by the Registry.
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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