Durai v Hinterland Hideaway [2026] QCAT 257

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: Durai v Hinterland Hideaway [2026] QCAT 257 PARTIES: LYNN KAYLEEN DURAI MICHAEL ANDREW DURAI (Applicants) v CLOUD CODE9 PTY LTD ATF THE BLUE SKY TRUST t/a HINTERLAND HIDEAWAY (Respondent) APPLICATION NO: Q574-26 MATTER TYPE: Residential tenancy matters DELIVERED ON: 12 June 2026 HEARING DATE: On the papers HEARD AT: Gympie DECISION OF: Magistrate Hughes ORDER: The Application is dismissed. CATCHWORDS: CIVIL LAW – CIVIL TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE - LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – JURISDICTION - whether right of occupancy was residential tenancy or rooming accommodation agreement – where parties referred to and acted in manner more consistent with holiday or guest booking – where Applicants’ control of premises vitiated by agreed Terms and Conditions – where other indicia of arrangement that was not a residential tenancy agreement or rooming accommodation agreement Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 62 Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 31, s 44 -- 1 of 6 -- 2 Byrne v Clayfield College [2013] QCATA 60 Mann v Hamilton Island Enterprises Pty Ltd [2012] QCATA 142 Radaich v Smith (1959) 101 CLR 209 Western Australia v Ward (2002) 213 CLR 1 REPRESENTATIO N: Applicant: Self-represented Respondent: Self-represented APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). REASONS FOR DECISION What is this application about? [1] Lynn and Michael Durai stayed at the Hinterland Hideaway Farm for two months. They left early and claimed $25,000 compensation for “loss of rent and relocation expenses”.1 [2] Mr and Ms Durai made their claim pursuant to the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). [3] That Act does not apply to a residential tenancy agreement if the right of occupancy is given for holiday purposes.2 Similarly, the Act does not apply to a rooming accommodation agreement if the accommodation is provided to holiday makers or travellers, such as a motel, bed and breakfast facility or backpackers’ hostel.3 [4] The Tribunal therefore directed the parties to file submissions on whether the Act did not apply to the dispute and therefore the Application was to be dismissed.4 The Applicants submitted their intent was not for a holiday or short-term recreational stay. [5] However, whether an occupancy is a residential tenancy agreement or rooming accommodation agreement depends on the particular facts and circumstances of the occupancy.5 1 Application for minor civil dispute – residential tenancy dispute dated 8 January 2026, Part E, Item 4. 2 Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 31(1). 3 Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 44(1)(g). 4 Directions dated 16 January 2026; Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 62. 5 Mann v Hamilton Island Enterprises Pty Ltd [2012] QCATA 142, [32]; Byrne v Clayfield College [2013] QCATA 60, [26]. -- 2 of 6 -- 3 [6] Because the right to occupy was for six weeks or longer, it is taken not to be for holiday purposes unless the contrary is proved.6 I am satisfied the contrary is proved. This is because throughout their dealings, the parties referred to and acted in a manner more consistent with a holiday or guest booking. [7] The Applicants submitted they had exclusive possession of a building 800 metres from the main residence. Control over premises is crucial.7 Here, the Applicants’ control was vitiated by: (a) Terms and Conditions8 inconsistent with exclusive possession including: i. How the Applicants were to conduct themselves during the occupancy including to drive “slowly and respectfully due to the presence of wildlife, livestock, and neighbours’ animals”, “Guests to clean their own sheets”, ensuring “the BBQ is cleaned after each use (and fully before checkout)”, disposal of waste, restrictions and reserved rights about photography and social media (“filming must be approved in advance”), requiring the Applicants to “have adequate medical coverage” and authorising the Respondent to “seek appropriate medical assistance at [the Applicants’] expense”; ii. Requirements on the Applicants about supervision and care of children, water safety and wearing of life jackets; iii. A Waiver and Acknowledgement of Risk for certain activities and animals during the occupancy; iv. Free-range animals beyond the control of the Applicants on the property; v. Restrictions on access and how and where the Applicants could enter; vi. Shared recreational facilities; and vii. Immediate cancellation in certain circumstances; and (b) The Applicants said there was “no written minimum stay” and they “reasonably expected to be able to leave with fair notice”.9 [8] Other indicia of an arrangement that was not a residential tenancy agreement or rooming accommodation agreement10 include: 6 Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 31(2), s 44(4). 7 Radaich v Smith (1959) 101 CLR 209, 217; Western Australia v Ward (2002) 213 CLR 1. 8 Hinterland Hideaway Self Check-In Form dated 15 September 2025; Email Hinterland Hideaway to Lynn Durai dated 15 September 2025. 9 Email Lynn Durai to Lara Cunningham dated 28 November 2025. 10 Byrne v Clayfield College [2013] QCATA 60, [26]. -- 3 of 6 -- 4 (a) The Respondent advertised the occupation online as “Hinterland Hideaway Farm Stay”; 11 (b) The Applicants sent the Respondent an enquiry message online via Airbnb;12 (c) The Applicants “took a monthly stay plan advertised on [the Respondent’s] website”;13 (d) The Respondent invoiced the Applicants as “Hinterland Hideaway Farm”;14 (e) The Invoices paid by the Applicants15 refer to “Farm Stay Monthly rate”, “Animal Feeding Once a Month”, “Non-refundable rate” and “Cancellation Policy” (with references to “bookings” and cancellation fees and refunds dependent on time of cancellation from “check-in date”) “Retreat & Holiday Stays – 3 Guests, 2 Pets”, “Security Deposit $700 will be refunded within 2 – 5 business days after the checkout”;16 (f) The charge for the stay included services ancillary to a holiday or guest booking: Internet access;17 on-line subscription services18 (accessible by password and Guest ID from the Respondent); DVDs;19 games;20 weekly cleaning;21 and mowing.22 All were nominated, negotiated and arranged by the Respondent with third-party suppliers or provided directly by the Respondent without involvement by the Applicants; (g) The Applicants complained to the Respondent about the lack of access to TV and subscription programs and the mowing of the lawn,23 services usually beyond the purview of a residential tenancy; (h) Consistent with a holiday or guest booking and inconsistent with a residential tenancy agreement or rooming accommodation agreement, the Applicants sought to end their occupancy early, 11 Screenshot of On-Line Advertisement and Refund Policy; Invoices dated 28 August 2025, 27 October 2025. 12 Airbnb “Inquiry for FarmStay, Panoramic Views, Peaceful, Cute Animals, Sep 16 – Dec 14”; Applicants Submissions on Jurisdiction, A3. 13 Applicant’s Google Review Post. 14 Screenshot of On-Line Advertisement and Refund Policy; Invoices dated 28 August 2025, 27 October 2025. 15 Receipts for $8000 dated 29 August 2025, 17 September 2025, 27 October 2025. 16 Invoices dated 28 August 2025, 27 October 2025 (Underlining added); Screenshot of On-Line Advertisement and Refund Policy. 17 Email Hinterland Hideaway to Lynn Durai dated 15 September 2025; Applicants Submissions on Jurisdiction, p4. 18 Email Lynn and Michael Durai to Hinterland Hideaway dated 13 November 2025. 19 Email Hinterland Hideaway to Lynn Durai dated 15 September 2025. 20 Email Hinterland Hideaway to Lynn Durai dated 15 September 2025. 21 Invoices dated 28 August 2025, 27 October 2025. 22 Email Lynn and Michael Durai to Hinterland Hideaway dated 13 November 2025; Applicants Submissions on Jurisdiction, p4. 23 Email Lynn and Michael Durai to Hinterland Hideaway dated 13 November 2025. -- 4 of 6 -- 5 without grounds and without any minimum notice period by simply texting the Respondent to “talk about reducing our stay? With Roxy decision to move out Michael and I are feeling very out of place in a large house”24 and “We were hoping to exit early. We are hoping to be released sooner. We can move back into our Granny flat not that it is only us, plus our daughter is keen for us to come back home early”25; and (i) After notifying the Respondent of their desire to exit early, the Applicants acknowledged the Respondent’s texts referring to the “booking” and refund terms and agreed to pay “the remaining $8000 tonight”.26 [9] The Applicants submitted they were not provided with Terms and Conditions. The written material shows otherwise.27 The Applicants accepted the Respondent’s Terms by duly making payments after receiving the Terms and Conditions. 28 [10] The Applicants also submitted they were invited to transact “off-platform”. This does not show the occupancy was a residential tenancy or rooming accommodation agreement. Regardless, the evidence is the Applicants engaged on-line throughout.29 [11] The Applicants also submitted that the premises were not approved for short-term or holiday accommodation. However, this is not determinative of the arrangement between the parties. The documents show the Applicants agreed to and conducted themselves in a manner falling short of the control required for a residential tenancy agreement or rooming accommodation agreement. [12] Construed as a whole, the arrangement and behaviour of the parties was more consistent with a holiday or guest booking than a residential tenancy agreement or rooming accommodation agreement. The security of the Applicants’ occupation was limited. It was contingent upon their compliance with conditions giving the Respondent more control than in a residential tenancy agreement or rooming accommodation agreement. The parties agreed to occupation by the Applicants that could be ended at any time with minimal, if any, notice. [13] The Application therefore cannot proceed as a claim for loss of rent and relocation expenses pursuant to the Residential Tenancies and Rooming 24 Text sent by Applicant at 8.45pm on 27 October 2025. 25 Text sent by Applicant. 26 Chain of texts dated 27 October 2025. 27 Hinterland Hideaway Self Check-In Form dated 15 September 2025; Email Hinterland Hideaway to Lynn Durai dated 15 September 2025. 28 Receipts for $8000 dated 17 September 2025, 27 October 2025. 29 Airbnb “Inquiry for FarmStay, Panoramic Views, Peaceful, Cute Animals, Sep 16 – Dec 14”; Applicant’s Google Review Post; Email Lynn and Michael Durai to Hinterland Hideaway dated 13 November 2025. -- 5 of 6 -- 6 Accommodation Act 2008 (Qld). The Application must therefore be dismissed pursuant to the provisions of that Act. [14] Whether Mr and Ms Durai have a basis to file any other Application arising from their allegations is a matter upon which they will need to obtain independent legal advice. -- 6 of 6 --