RED Attachment Numbers Correspond with Evidence Provided : Email Or Photo

QCAT HEARING JANUARY 20

RED Attachment numbers correspond with evidence provided : email or photo

Sequence of events and key to provided documents

INTRODUCTION :

As I understand it this hearing is about money that is alleged to be owed by myself to Real Estate Ray white Rochedale. Money which was tallied by Rentals manager Jessica Vetivers during my tenancy at the premises. I will show the court today, beyond any doubt that no money could be owed by me to this agent or homeowner, and that in fact it is I who has been left out of pocket by such a frivolous and vexatious claim. I will address each issue in no particular order.

Minor Issues to begin with :

Claim one : I owed money for outstanding water utilities

·  Under RTA regulations a tenant can be charged for water only if all the following conditions are met :

·  The premises are individually metered – yes

·  The agreement states that the tenant must pay for water – yes / no

o  In this instance an email dated 20 January 2014 states categorically that tenant only pays for excess water. And in this instance, property was not water efficient, so none. Even then. There were no excess water charges during my tenancy at any time.

·  The premises is water efficient – again no

o  In the same email of 2014 I notified agents that water pump for tank wasn’t working. It was never repaired or replaced. Therefore I was using town water for appliances that are meant to use recycled water. See W / TWO

Claim two : I owed money for a second garage remote.

There was only ever 1 Garage remote

·  When I commenced lease 24 December 2013 a page with a photo copy of all keys was given to me. No garage remote was on it. I signed to say I had received all the keys pictured. I asked them for a remote on the phone, but they forgot to follow it up and so did I. Copy of this document retained by pure rentals

·  I emailed Pure rentals in April again to get a remote as I wasn’t parking inside anyway yet and wanted to start W / THREE

·  Also at this time I raised the issue of no entry condition report. I wasn’t given one and the question was pretty much ignored. W / THREE

·  Only part of Ryan’s response is listed on email but it shows he received the email dated 7 April 2014

·  I received 1 garage remote about a week later. The second was taken back to Pure Rentals. Can be verified by Their locksmith

Claims for minor damage like Garage door :

First, to put things in perspective photos of the door attached : W FOUR and ONE

·  I accept responsibility for the door. The damage occurred during my tenancy.

·  After relations deteriorated with The rental manager at Ray White I had no faith in getting any bond back despite leaving the premises in immaculate condition, as good, if not better than I found it

·  I obtained several quotes for the garage door. The best of which was $800. It was a verbal quote, and as it was $800 I did not accept it.

·  The reasoning – If she is going to keep the bond anyway, why spend more money?>

·  I provided Tony her supervisor with photos of the exact bar code and part number, the exact colour code because I had it matched, and several contact phone numbers for the garage door guys I had spoken to. Just to assist him saving time in getting replacement panel. See W FOUR A

·  As can be seen, only minor damage was done, and it was easily fixed by just one panel being replaced out of 4.

·  My position is that Ms Vievers accepted the very first quote or the highest one she could get simply to prevent my bond being returned.

·  Even if the court accepts the $1400 odd quote she got, then when the premises bond is taken into account this leaves us completely even. Not with me owing any money.

Claim of outstanding rent and or costs

·  CSV version of payment record submitted showing me paying $1650 per month on or before the 1 of every month March – July 2016

·  The rent for the premises if calculated at $380 per week as per lease form W SIX is $1646.46 per calendar month

·  Copy of email from agent showing they acknowledged the rent at 380 per week and that I pay monthly. Email dated December 2015 – during discussions about renewed lease

·  Payments at $1650 and $1651 were made every month prior to being due without fail

·  Payment for the final month of July was made June 30

·  Notice was given in June about vacation when I asked for another month to find suitable accommodation

·  Notice was again given 14 days prior to vacation See W EIGHT

·  Notice was again given 26 July 2016 That property would be empty by Monday 1 August, cleaned and keys returned W NINE

·  August 1 emailed Tony 9 30AM to let him know property was empty keys were coming back, really busy but not too concerned because I knew they had a spare set. See W TEN

·  August 1 Received email from Vievers again pretending that she had no idea I was vacating, and she had sought an inspection or entry notice. TEN A

·  August 2 – 4 emails from Veivers stating that rent would be charged for premises as I had no delivered keys back to office. I had been working on some urgent projects that kept me out of Brisbane Metro during business hours. I contacted them 2 August to ask if they had an after hours box to leave them as I wasn’t getting back into town until after business hours. Was told no. ELEVEN

·  August 3 or August 4 Keys were returned to Ray White Rochedale. It is of note here that Ray White Rochedale had a spare set at all times which they had used to carry out things like smoke alarm tests, inspections while I was not home numerous times, and other minor maintenance TWELVE

Appliances / Improvements made during my tenancy. All approved. All submitted in writing prior to commencement. None of which were asked for any money or any compensation sought on completion of lease.

·  Only one was paid for by owner – air conditioner in lounge as per agreement – not relevant here except that it was done well below market value. $1650 rent in exchange for around $2100 worth of Air Conditioner Installation see market value estimates final attachment with photos

Improvements and Appliances installed and paid for by Tenant Simon Hickey. All professionally installed – no complaints ever raised about quality

·  Another split air conditioner in master. Panasonic 3.5kw Value $1500

·  Security system comprising of 3 colour dome cameras, digital recorder, alarm system left in perfect working order – with instructions emailed to Tony Value $ 3000

·  Electrical Outlets : Average $90 each

·  Antenna point in lounge – not one up till then

·  Data / phone next to that

·  Data in study

·  Power outlets in hall and Lounge

·  12v Car battery trickle / solar charger for charging car batteries in garage. Hardwired and professionally done

·  Shelf fixtures in garage

To summarize :

·  Numerous professional electrical improvements made with owners consent and never compensated nor asked for compensation to the value of $5000 +

·  Tenant never even a day late with rent

·  Adequate legal require notice given twice

·  Home left in immaculate condition

·  Cleaning done by friends with own businesses on barter system – I do some electrical for them. No receipts given

·  Even if full cost of garage door is taken into account there is no money owed by tenant

·  Vievers claim is vexatious and frivolous

Costs sought by Tenant for today’s proceedings

·  $ 1100 Time spent preparing these documents and evidence one full day

·  $ 1100 Time spent at hearing and before unable to do productive work of which I have backed up over my head again one full day

·  $ 20 Costs of printing and miscellaneous

·  $ 20 Travel costs

·  $ 200 Legal advice obtained – in conjunction with other matters for which I was paying Barrister Jane Powell Of Mitchell Chambers $400 per hour

·  $ 3500 relocation costs after Vievers illegal and vexation harrassment

·  $ 1400 Bond refunded

·  $ 390 Appeal filing costs

·  $ 7,730.00 Total

That figure may seem high but all of those costs and figures can be verified and are a direct result of Vievers and Ray white illegal and unwarranted harrassment of myself. I believe I am entitled to at least the figure above, maybe more.

The only possible negative aspect of my dealings with this agency could be considered my rude emails in reply to her harassing texts but the key aspects are :

·  Not once did I email Vievers rudely without her texting me prior demanding money or other things she wasn’t entitled to

·  Not once did I initiate conatct with her in that manner

·  I ignored the first few and emailed mocking her mathematical skills to begin with

·  She kept pushing and committed numerous breaches of the Tenancies act

·  I paid not even a day late the entire 2.5 years

·  Any improvements I made to the proiperty were always requested in writing prior to me doing it

·  Moving house is an expensive operation and there was no reason I should have until this woman decided she could get more for the property or whatever motivated her.

·  I am willing to bet there will be zero consequences for her or her agency from any government body despite all the evidence showing she committed fraud, because she’s a woman and women aren’t responsible for anything they do, ever, in Australia.

That’s all

Thanks

Simon Hickey