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Grenier v First Choice Realty[2016] QCATA 111

Grenier v First Choice Realty[2016] QCATA 111

CITATION:

Grenier v First Choice Realty [2016] QCATA 111

PARTIES:

BENJAMIN GRENIER

(Applicant)

v

FIRST CHOICE REALTY

(Respondent)

APPLICATION NUMBER:

APL419-15

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Justice Carmody

DELIVERED ON:

29 March 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

IT IS THE DECISION OF THE APPEAL TRIBUNAL THAT:

  1. The application for leave to appeal is refused.

CATCHWORDS:

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

  1. [1]
    This is an application for leave to appeal against the termination of a residential tenancy agreement from 8 October 2015 and eviction warrant.
  2. [2]
    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.
  3. [3]
    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.[1]
  4. [4]
    The intention of this mechanism is to stop tenants stalling and manipulating the system.
  5. [5]
    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.
  6. [6]
    The Tribunal orders are therefore valid.

Footnotes

[1] Twelve months is the period prescribed under s 299(1)(e) – see regulation 25.

Close

Editorial Notes

  • Published Case Name:

    Benjamin Grenier v First Choice Realty

  • Shortened Case Name:

    Grenier v First Choice Realty

  • MNC:

    [2016] QCATA 111

  • Court:

    QCATA

  • Judge(s):

    Carmody J

  • Date:

    29 Mar 2016

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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