Zhou v Position Property Real Estate

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Zhou v Position Property Real Estate [2020] QCAT 42

PARTIES:

XIAOBIN ZHOU

(applicant)

v

POSITION PROPERTY REAL ESTATE

(respondent)

APPLICATION NO/S:

MCDT104-19

MATTER TYPE:

Other minor civil dispute matters

DELIVERED ON:

11 February 2020

HEARING DATE:

10 September 2019

HEARD AT:

Brisbane

DECISION OF:

Member Lumb

ORDERS:

The Residential Tenancies Authority pay the rental bond under rental bond number 700338412 in respect of the property at 2/132A Perth Street, South Toowoomba, Queensland as follows:

(a)     the amount of $1,419.00 to the Respondent; and

(b)     the balance to the Applicant.

CATHWORDS:          

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS  – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL  – minor civil dispute – residential tenancy – rental bond – claim for compensation for damage to premises –whether fair wear and tear

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 11, s 12(1), s 12(4)(f), Schedule 3
Residential Tenancies and Rooming Accommodation Act2008 (Qld), s 137, s 188(4)

Griffin v Gini [2011] QCATA 325

Stockdale & Leggo v Gordon [2017] QCATA 112

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

N Petrie of Position Property Real Estate

REASONS FOR DECISION

Introduction

1. The Applicant filed an application for minor civil dispute – residential tenancy dispute on 16 January 2019 (‘the application’), claiming, against the Respondent, that the full amount of the (disputed) bond, the subject of rental bond number 700338412 of $2,240.00 be paid to him. A Minor civil dispute – counter-application was filed on 17 June 2019 (‘the counter-application’), by which Ivan Costello (‘the Lessor’) by the Respondent makes a claim of $1,540.00 for damage to timber flooring at the subject property 2/132 Perth Street, South Toowoomba in the State of Queensland (‘the property’). The Lessor also claims application and preparation costs totalling $1,960.50. I assume that the reference to the total amount of $1,960.50 is inclusive of the claim amount, such that the additional amount claimed is $429.50.

2. At the hearing, the Applicant was assisted by an interpreter, Mr Jiao Li.

3. The application does not identify the section pursuant to which the application is brought but the relevant provision is s 137 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (‘RTRA Act’).

4. The first issue for determination is whether the Tribunal has jurisdiction to determine this dispute.

   Jurisdiction

5. I am satisfied that the Tribunal has jurisdiction to hear this matter.[1]

   [1]See ss 11, 12(1), 12(4)(f) of, and the definitions of ‘minor civil dispute’ and ‘tenancy matter’ in Schedule 3 to, the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘the QCAT Act’) and s 137 of the RTRA Act.

   The Respondent’s claim for damage to the flooring

6. Clause 37 of Part 2 of the tenancy agreement between the lessor and the Applicant (and two other persons) provides:

   At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

   Examples of what may be fair wear and…