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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
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A tenant claimed compensation from their landlord for mould and water damage issues, including damaged belongings, temporary housing costs, and rent overpayments. The Queensland Civil and Administrative Tribunal dismissed all claims. The Tribunal found that claims about older incidents were too late (outside the 6-month time limit). The tenant's claim for rent reduction wasn't properly made through the required dispute resolution process, so the Tribunal couldn't consider it. The landlord had responded reasonably to repair requests and had already given rent credits. The property wasn't considered unfit to live in based on the evidence. The tenant also made things worse by refusing reasonable offers to help move their belongings. The Tribunal noted that charging lower rent doesn't excuse landlords from meeting minimum property standards, but the tenant had chosen to renew the lease knowing about the problems.
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