"Prepare a" Case Statement Scenario:

The RTA conciliation between your landlord client and the tenant over the air-conditioning account failed to resolve the dispute. You have applied to QCAT for a hearing to determine the issues.

Task:

Using the information provided in Question 54 (Also included below), prepare a case statement for the hearing. Your statement should, at a minimum, include what is being sought and why, and any key facts of the dispute that you intend to present to the Tribunal member during the hearing.

Note: You may use your imagination in preparing the statement, however any information should be reasonable in the context of the dispute scenario.

Scenario (Form Q54): You have been managing a dispute between one of your landlords and a tenant over the payment of an account of $5,000.00 for replacing an air-conditioning system in the tenanted property. The tenants allege that the air-conditioning system was faulty and that liability for replacement rests with the landlord. The landlord alleges that the issues with the air-conditioning system were the result of misuse by the tenant and that responsibility for the cost of the replacement rests with the tenant.

The tenant has refused to pay. Neither party believe this constitutes a breach of the tenancy agreement, however the landlord wants to apply to QCAT for a hearing to recover the amount of the invoice. You inform the landlord that before applying to QCAT, they must attempt to resolve the matter through the RTA's conciliation/dispute resolution process. The landlord has agreed and requests you attend the conciliation on their behalf. The landlord would accept a negotiated solution to the dispute rather than go to the expense and risk of proceeding to a hearing.