Review QCAT published orderhttps://archive.sclqld.org.au/qjudgment/2018/QCAT18-204.pdf,and then the belowreasons for decision.Summarise, the findings and prepare a statement to be given to both the landlord and the tenant..

Reason for decision

[1] The Applicant seeks an order pursuant to section 137 of the Residential Tenancies and Rooming Accommodation Act that the bond be paid to it in full. They also seek an order that the tenant pay any amount in excess of the bond including application/filing fees and the balance of rent of $173.55. The total amount of the claim is $1,773.55. The claim is broken down as follows: (a) Cleaning $400.00; 2 (b) Rent arrears $1,257.15; (c) Application fee $116.40.

[2] The claims are backed up by a rental ledger, invoices for the cleaning and a receipt for the application fee.

[3] The reasons for seeking those orders are that the tenant advised on 23 June 2017 that he would need to break his lease as a colleague had passed away suddenly and he would need to relocate for work. The tenant returned the keys to the applicant's office on 12 July 2017. He paid break lease payments but after that was paid, no further rent was paid. The tenant was issued with a breach notice and he then contended that the property was not fit for occupation.

[4] The Applicant sourced a new tenant who moved in on 8 August 2017.

[5] After the bond is paid to the applicant the balance owing would be $173.55.

[6] On 26 July 2017 Andrea Neilsen from the Applicant sent an email to the Respondent attaching the Notice to Remedy Breach for arrears of $800.00. The Respondent responded to that request by saying: Get stuffed. You are without a doubt the greatest bunch of incompetent clowns I have ever had the misfortune to be associated with. See you clowns in court.

[7] The attached Form 11 detailed the breach as: Tenant has failed to pay rent on time as per their tenancy agreement. It is a condition of your tenancy agreement that rent be paid on time and in advance. Failure to remedy this breach may result in a Form 12 Notice to Leave being issued.

[8] The notice was given for rent arrears claiming that there were 10 days rent overdue and that rent was paid to 16 July 2017. The amount of rent claimed as owing was $800.00. The notice was issued on 26 July 2017.

[9] The assertion by the Respondent that the Applicants were incompetent clowns caused a response which set out the reasons for the Respondent leaving the tenancy. That response denied the assertion that the property was not liveable and pointed out that the photos provided by the Respondent seem to be taken at a time of heavy rain.

[10] Attached to the application is a series of correspondence between the parties.

[11] At the hearing of this matter the Respondent maintained that water had pooled and that the premises were not suitable for occupation.

[12] I am informed that the RTA bond number in respect of the bond held in respect of these premises is 700796025.

[13] At the hearing I was also informed that the cleaning costs were $400.00. That is supported by an invoice. I note the filing fee was $116.40.

[14] I was also informed that the keys were returned on 12 July 2017 to Catherine of Ray White. 3

[15] From what I was told it seems that there was a flood issue in that in July the car park flooded.

[16] I was also informed that a new tenant rented the property on 8 August 2017.

[17] I was also told that there was a break lease fee of $150.00, that being the advertisement fee.

[18] The tenancy was a fixed term tenancy starting on 21 November 2016 and ending on 20 November 2017. The rental was $400.00 per week and rent was to be paid on the Monday of each week. The rental bond was the sum of $1,600.00.

[19] I note the photographs which are part of text messages showing flooding in the car park in what seems to be common area. In those text messages the Respondent seeks the return of his bond.

[20] From the evidence provided to the Tribunal I am not able to form a view that the premises were uninhabitable.

[21] I have formed the view however that there was rent outstanding.

[22] In my view the Applicant has made out its claim.

[23] The Respondent claims that when he left the property it was "spotless". The Applicant claims otherwise and supplies an invoice for the cleaning work in respect thereof. I accept that claim.

[24] After the bond is deducted from the amounts that I find are owing, there is still a balance of $173.55.

[25] I order that the RTA pay to the Applicant the bond of $1,600.00 in respect of premises at 4/7 Fourth Avenue, Palm Beach Qld 4221 (bond number 700796025) and that the Respondent pay to the Applicant by 4.00 pm on 22 July 2018 the sum of $173.55.

https://archive.sclqld.org.au/qjudgment/2018/QCAT18-204.pdf