Scenario Two - 'Hearing Blues'

You are the property manager at an agency, Seven Star Real Estate in Bay Heights.

You have a difficult situation developing with one of your rental properties.

The property, 64 Grace Road, Bay Heights is a 3 bedroom house in a popular suburb and has been tenanted for 3 years.

The landlord is Ash Farooq, of 12 Marsh Street, Wallaby Flats, QLD, XXXX. Mobile number 0456 434 XXX

The tenant is Alfonso Fajita, Mobile number 0421 123 4XX

The rent of $500 per week has been paid in good time and the condition of the house nicely maintained for the first 2 years, but several issues have developed over the last 12 months.

The Tenant has raised several maintenance requests and the landlord has responded to some of these and authorised work to be done, but not in all cases.

The tenant has carried out what they deemed to be necessary maintenance at their cost and have applied to QCAT for compensation for these costs.

In the meantime, the landlord has now asked to advise the tenant that the house is to be sold as they need to move to an assisted living residency and so will need the proceeds of the property sale to fund this move.

The tenant has to date advised that he is unwilling and unable to move from the property despite the appropriate tenancy termination notices being presented.

As a CQAT hearing has been scheduled for the maintenance cost claim already then you have decided to now proceed quickly with an application for the termination of the property tenancy by QCAT on behalf of your landlord.

For the purposes of the scenario, It is assumed in this case that QCAT will join the two disputes if you process the application for the termination quickly.

Further reference material for this scenario is contained in ref S2a to S2c in Appendix 1.

The Notice to Leave was dated 1st June 2020 with a leave date of 30th June 2020.

The lease is now periodic, month to month.

[Appendix 1, S2a Summary details of the tenants QCAT hearing submission + S2b basic landlord correspondence on termination of the tenancy for the reason of the property being sold + S2c Form 02 Application form]

This is a complex scenario that agents may face less frequently. There is no set answer for this scenario response, and the assessor is looking for you to demonstrate your knowledge and grasp of the subjects covered overall and adherence to procedures and legislation. As with most disputes the actual way they go can vary.

2.1 What are the tenants claims with respect to the current hearing scheduled for the maintenance costs, please summarise the items and associated costs and the total of all costs and any other items mentioned (you may find it easier to show this response in the form of a table, which is attached below)?

2.2.1 Speaking with the landlord you review the claims for the initial compensation dispute and the termination reasons also.

A basic submission summary of the issues in preparation for the combined hearing, but for clarity here separating the two dispute areas in your submission.

2.2.2 Use your experience to come up with some potential arguments and identify potential evidence that will also be required to support each of the arguments in the Essential Maintenance Matter only (you may find it easier to show this response in the form of a table, which is partially populated below).

2.3 Finalize the attached Application form for the QCAT Hearing for the Termination for reason of selling the house and the tenant refusing to leave (where the scenario does not provide information then make up the data as required to enable a application form)[ Words N/A as per form]. Do not provide any additional Form 12.

2.4 Confirm below how many copies of the submission you will need to provide to QCAT for the hearing [N/A words]:

2.5 Identify relevant evidence and arguments for the hearing with respect to the Termination of the tenancy. Include at least one witness statement with a summary description of who the witness is and what their evidence is.

Scenario Update: The application has been accepted and the two disputes have been joined by QCAT.

2.6an email to the principal of your agency summarising the dispute status a week before the joined hearing is due to take place and your expectations for the hearing.

Scenario Update: The hearing date has arrived

2.7 List five main points of etiquette that you and your witnesses need to follow at the hearing.

2.8At the hearing the Senior Member directs you to present a summary statement and key evidence for the dispute, using the appropriate form of address describe in words as if present at the hearing a short summary statement for both of the dispute items (i.e., 1) the maintenance costs and 2) the termination of tenancy), for each, also describe two main points of evidence to the tribunal, as if you were present.

e.g.

"Ms. Jones

I would like to present my summary regarding the ....

I have two key points to support our submission, these are ..... "

2.9 During the hearing the Hearing Support Officer announces that there is to be a short adjournment. What do you need to do in this instance?

2.10.1 The Tribunal resumes, and you are asked a question about the case by the Senior Member. You know the answer, but you suspect that the answer might not help your case.

Based on ethical standards what should you do?

2.10.2 What actions are available to the Tribunal if you were found to be lying or withholding information?

3.2 Referring to your agencies policies on complaint handling describe your next actions [see reference S3a].