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Amy needed help with a former tenancy and Mackay CLC was able to help

Amy* was referred to Mackay Regional Community Legal Centre as she required advice and assistance regarding a former tenancy. 

Her problems included a disputed bond claim where both Amy and her landlord were seeking the full bond.  Her landlord was also claiming over $2,000 compensation for damages to the property

Amy was claiming for compensation for damage to her furniture during the tenancy due to the poor state of the premises and for a rent reduction due to the loss of amenity of the premises.  

The property Amy rented suffered extensive water leaks. This resulted in damage to Amy’s furniture, as well as the standard of the property deteriorating significantly during the tenancy. The landlord alleged that Amy caused damage to the property and that she failed to report issues.  

 The evidence available, including photographs and videos taken by Amy, supported Amy’s version of events. Amy also had written evidence to prove she reported maintenance issues to the Landlord in a timely manner. 

 The parties ended the tenancy via a Mutual Termination Agreement. The terms of the Mutual Termination Agreement were partially written and partially oral.  The Landlord disputed the existence of the Mutual Termination Agreement entirely, claiming Amy broke-lease and owed money arising from a break-lease. 

 Mackay Regional Community Legal Centre provided advice to Amy in relation to the issues and outlined the options available to Amy moving forward.  Amy then participated in the Residential Tenancies Authority’s free dispute resolution process with the Landlord as the first step in trying to resolve the issues in dispute, however, no agreement was reached. The landlord then filed a Queensland Civil and Administrative Tribunal Form Two Application seeking the bond as well as compensation in excess of the bond. 

 Mackay Regional Community Legal Centre assisted Amy by drafting a Response to the Queensland Civil and Administrative Tribunal Application.  Mackay Regional Community Legal Centre referred Amy to the Tenants Queensland Inc website so that she could watch videos to prepare for the upcoming hearing. 

 At the Queensland Civil and Administrative Tribunal hearing, the Magistrate decided in favour of Amy and ordered a full bond refund to this effect.  In addition, the Magistrate asked the parties to attempt to negotiate compensation in favour of Amy for the damage to her furniture and decrease in the property standard.  Amy and the landlord were able to negotiate a sum of money in favour of Amy.  The landlord paid Amy the agreed sum of money that same day. 

 Amy was extremely satisfied with the outcome of the hearing. She was glad all issues were able to be resolved. 

(*nother real name)

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