Asian grocer owner ordered to pay landlord $9k for damage
THE relationship between the owner of an Asian grocery store and his former landlord went from sweet to sour when he left the premises with damaged floors and walls.
Truong Nhut Phan was ordered by the Queensland Civil Administrative Tribunal to pay his former landlord Kahler Investments almost $9000 for repair work and legal costs after senior member Ian Brown ruled against him last month.
Mr Phan leased the Gladstone store from 2005-2016 for his Asian supermarket.
In a notice of dispute lodged by Kahler Investments on February 14, 2017, it said Mr Phan had not left the premises "in a state of good repair and condition".
Mr Brown said the tenant was given quotes from Kahler Investments' real estate agent Mark Patton to fix the damage before he left.
But Mr Brown said photos taken by one of Mr Patton's employees after Mr Phan vacated showed "damaged flooring, walls not repaired or repainted, damaged ceiling panels, shelving not removed, a damaged drain and an ill-maintained kitchen".
Mr Brown said Mr Phan had not complied with directions by the tribunal and did not file a response to Kahler Investments' claims.
"Mr Phan's persistent failure to comply with tribunal directions has unnecessarily disadvantaged the applicant (Kahler Investments), who is being prevented from progressing the matter to a final resolution," Mr Brown said.
"I am satisfied on the uncontested evidence before the tribunal that Mr Phan failed to give the premises back to Kahler Investments in good repair and condition, failed to remove his property from the premises, failed to repaint the premises, failed to repair damage to the walls and ceiling, failed to replace or repair floor coverings and failed to clean the premises."
Kahler Investments claimed $5968 for structural repainting, $799.70 for repair and cleaning of vinyl floors and $745 for electrical works.
Mr Brown ordered Mr Phan to pay the full amount of repair costs and Kahler Investments's legal fees totalling $8139.70.
He was also told to pay Kahler Investments's $315.78 for the cost of filing the Notice of Dispute.