Arthur Conias Real Estate v Valentine [2013] QCAT 645

CITATION: Arthur Conias Real Estate v Valentine [2013] QCAT 645 PARTIES: Arthur Conias Real Estate (Applicant) v Rhiannon Valentine (Respondent) APPLICATION NUMBER: MCDO2516-13 MATTER TYPE: Other minor civil dispute matters HEARING DATE: 18 November 2013 HEARD AT: Brisbane DECISION OF: Member Favell DELIVERED ON: 20 November 2013 DELIVERED AT: Brisbane ORDERS MADE: 1. The respondent pay the applicant $4,692.40. CATCHWORDS: Minor Civil Dispute – Section 429 Residential Tenancies And Rooming Accommodation Act 2008 – Whether obligation to pay repairs and cleaning of premises. APPEARANCES and REPRESENTATION (if any): APPLICANT: Arthur Conias Real Estate represented by Linda Van Zyl RESPONDENT: Rhiannon Valentine REASONS FOR DECISION [1] Rhiannon Valentine was a tenant at 120 Payne Road, Indooroopilly. On 22 August 2013, a termination order was made in respect of those premises on the application of Rhiannon Valentine on the grounds of excessive hardship as and from 10 September 2013. In fact, the tenant had vacated the premises on 20 August 2013. [2] This is an application pursuant to s 429 of the Residential Tenancies and Rooming Accommodation Act 2008. -- 1 of 3 -- 2 [3] The amount they seek is $5,552.46. That claim broken down is made up as follows: Work carried out by property maintenance professionals, pursuant to a quotation dated 16.09.13 $1,368 Work to be carried out by Freddy’s Painting Service pursuant to a quotation dated 11.09.13 $858 Work to be carried out by Above Board Flooring pursuant to a quotation dated 27.09. 13 $990 JB Floor Sanding $1,880 Water charge $122.61 The applicant also seeks the filing fee of $101.40. [4] I have been provided with quotes in respect of each of those items. They reflect the claim except the quote given by JB Floor Sanding is for $1800 inclusive of GST. [5] The property maintenance professional quotation was to “replace two quality timber blinds in lower rooms, to remove door latches etc, fill holes and repaint as per original, repaint bedroom walls to match and pressure wash rear veranda and under veranda areas. Repaint is required to match original colours.” It is not broken down any further. [6] The quote from Freddy’s Painting Service is with respect to work to be done in the rumpus room to prepare ceilings and walls where needed and paint the rumpus and passage ceiling. [7] The quote from Above Board Flooring was to sand and polish the lounge area and give it three coats of polyurethane gloss finish. [8] The quote from JB Floor Sanding was to sand the lounge room back to bare timber, apply a stain and a polyurethane gloss finish. That seems to be a quote for the same as which appears on the quote of 27 September 2013 from Above Board Flooring. The Above Board Flooring was in the sum of $1,375. [9] I was told during the hearing that the tenant experienced a fire in the rumpus room when the stereo became overheated. She was forced to throw out the stereo and in dragging it outside, damaged the tiling as is shown in the photographs provided to the tribunal. It also caused blacking to parts of the ceiling which required work. [10] During the hearing the respondent really did not contest the need for the work to be done although she contended that she has paid all of the water charges. She could not however provide proof of those payments during the hearing. -- 2 of 3 -- 3 [11] Insofar as the broken blinds are concerned, she pointed out that in order to open the windows, the blind had to be moved and by their very nature, they became damaged. [12] I note that in the entry condition report which became Exhibit 7, the tenant had noted marks on various walls. She produced photos which became Exhibit 8, showing those marks and the general wear and tear of the property when she took up residence. That may well be so, but the major claims here are in respect of work that had to be done because of the fire. [13] The respondent contended that she should not be liable because the applicant could have claimed for the repairs on his insurance. I am not satisfied that this is an answer to the claim. [14] In my view the applicant has made out the claim as quoted for in the property maintenance professional quotation, Freddy’s Painting Service quotation and Above Board Flooring quotation for $999. I do not accept that the JB Floor Sanding quotation is in the appropriate amount given that for the same job the Above Board Flooring quotation was in the sum of $1375. That amount should be allowed. [15] So far as the water charges are concerned, whilst the tenant has the obligation to pay the water charges, the applicant has not provided to the Tribunal the original water charges. It has provided an invoice from itself to the tenant. The tenant contends that the charges have been paid. In the absence of proof of either the actual charges or the payments, I do not intend to make any allowance for the water charge claim. [16] Accordingly, the order will be that the respondent pay to the applicant the sum of $4,692.40. forthwith. -- 3 of 3 --