A tenant has claimed mental health issues as a result of the change in property manager of his McDowall rental from Equinox Realty to Ray White at Ascot.

Property manager brought back flashbacks of military daysJonathan Royale contended a new property manager “who wasn’t sending emails about when inspections were due” brought on flashbacks of stressful periods of military service, when she arrived for property checks.

Her style was much different to Equinox’s owner who was “ex-military like himself” and “understands mental health issues,” he complained.

In October 2014, just four months after the start of a 12 month tenancy, Royale requested an early termination in December to remove himself from that type of property management and get his mental health issues under control.

On 18 December he gave a Notice to Vacate – accompanied by a medical certificate certifying a PTSD condition – specifying his departure date as Christmas Eve.

The agent accepted the notice and advertised the vacancy but because the tenant was unable to get cleaners through and the carpets cleaned until after New Year, vacant possession was only surrendered on 7 January with new tenants starting on 15 January.

As rent had only been paid to 24 December, the property manager claimed for the period until the new occupants moved in.

Queensland Civil and Administrative Tribunal member Paul Favell ruled that Ray White Ascot were entitled to retain from his bond – on behalf of the landlord – rent for three weeks totalling $1,200.

Because however the agency produced no evidence that the lessor had actually incurred a reletting fee, judge Favell refused the agent’s request for a further $400 from the bond to cover re-letting.

Royale v Ascot [2015] QCAT 198 Member Favell 25/05/2015


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