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Grenier v First Choice Realty QCATA 111
Grenier v First Choice Realty  QCATA 111
FIRST CHOICE REALTY
On the papers
29 March 2016
IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT:
APPEAL – LEAVE TO APPEAL – RESIDENTIAL TENANCIES – where the applicant claims the tribunal’s orders invalid – whether notice requirements for repeated breaches met.
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 299
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“QCAT Act”).
REASONS FOR DECISION
- This is an application for leave to appeal against the termination of a residential tenancy agreement from 8 October 2015 and eviction warrant.
- The applicant claims the orders are invalid because the lessor did not meet the conditions under s 299 Residential Tenancies and Rooming Accommodation Act 2008 (“RTRA Act”) for applying to the Tribunal for repeated breaches.
- Ordinarily, a lessor cannot issue a Form 12 (Notice to Leave) if the Form 11 (Notice to Remedy Breach) has been complied with but under s 299 a lessor can apply to terminate without the need for a Form 12 if there are two remedied breaches followed by a third breach all happening within 12 months.
- The intention of this mechanism is to stop tenants stalling and manipulating the system.
- The material shows that four notices to remedy breach were issued between 27 July 2015 and 17 September 2015 and that the applicant was constantly in arrears in that period.
- The Tribunal orders are therefore valid.
 Twelve months is the period prescribed under s 299(1)(e) – see regulation 25.
- Published Case Name:
Benjamin Grenier v First Choice Realty
- Shortened Case Name:
Grenier v First Choice Realty
 QCATA 111
29 Mar 2016