Todd Penfold, Inga Penfold appeal QCAT order involving Wayne Murray Firkin, Kalie Maree Blavius

A dispute between a Brisbane-based construction and landscaping boss and his former tenants over a renovated Sunshine Coast rental property has played out in court.

A dispute between a Brisbane-based construction and landscaping boss and his former tenants over a renovated Sunshine Coast rental property has played out in court. Generic images.

A Brisbane construction and landscaping company boss has successfully appealed orders to fork out more than $16,000 to his former tenants after his rental property was transformed into an Airbnb and lifestyle retreat.

Queensland Administrative and Civil Tribunal Appeals documents state Penfold Projects boss Todd Penfold and Inga Penfold were ordered to pay their former tenants Wayne Murray Firkin and Kalie Maree Blavius $16,339.67, after the latter renovated the Penfold’s $1200-a-week Sunshine Coast property and claimed to have been unfairly evicted.

The documents stated Mr Firkin and Ms Blavius had been renting the property – understood to be in Palmwoods – since 2019, which they were subletting through Airbnb with the Penfolds’ permission.

This was something they did with various properties, and was how they made a living, the documents stated.

But this Airbnb later became a “lifestyle retreat” destination, although the court documents didn’t confirm whether that venture was started by Mr Firkin and Ms Blavius or others who were subletting the home.

Mr Firkin and Ms Blavius renovated the property with their landlords knowledge, the documents revealed.

The property was then renovated with the Penfolds’ knowledge. This included turning a store room into a “games room” to conduct yoga sessions; adding an office; changing one room into a bathroom and building “a couple” of new bedrooms.

They also improved a swimming pool surround and fence to meet regulatory standards, following a visit from a council inspector.

Mr Firkin and Ms Blavius claimed the total renovation cost $32,679.34, the documents stated.

They then moved out by February 1, 2021, claiming they were wrongfully kicked out after an argument with someone else who “seemed” to be living in a separate dwelling on the property and after receiving a notice from the council for allegedly committing a development offence by conducting a business on the property without permits.

The documents stated there was no evidence to suggest Mr Firkin and Ms Blavius had taken any steps in response to the notice.

This then sparked a bitter dispute between the Penfolds and their former tenants, with the latter claiming they should be compensated for their renovations because they were unfairly evicted.

The documents stated the property was one of many Mr Firkin and Ms Blavius were subletting through Airbnb as a way of generating income.

The dispute was first put before Magistrate Catherine Benson, who on July 19, 2021, ordered the Penfolds pay their former tenants $16,339.67 for the works – 50 per cent of the total cost.

The documents state the Penfolds, during their appeal of the decision, rejected claims Mr Firkin and Ms Blavius were unfairly evicted, saying they were in breach of their Tenancy Agreement by not using the property for residential purposes.

The Penfolds went on to argue Ms Benson had overlooked a clause in the Residential Tenancies and Rooming Accommodation Act, which stated consequences of failing to abide by the act.

Their final argument claimed Ms Benson had made a subjective evaluation of the circumstances around Mr Firkin and Ms Blavius’ eviction, and simply found it was unfair the Penfold’s retain the benefits of their tenants’ renovations.

They also argued they did not benefit from the improvements.

Mr Firkin and Ms Blavius, who represented themselves, said Ms Benson did not make any errors and sought to add more evidence pointing to their loss of income as a result of their eviction.

But Judicial Member Colin Forrest, who was overseeing the appeal, ruled the Penfolds had not wrongfully terminated the lease and Mr Firkin and Ms Blavius were not entitled to compensation over their renovations.

He said “a substantial injustice” had been done to the Penfolds and dismissed the original orders they pay the $16,339.67 to their former tenants.

However, an earlier agreement the Penfolds reimburse Mr Firkin and Ms Blavius $2600 for the necessary work done for the swimming pool fence still stood.

The Sunshine Coast Daily has reached out to Mr Penfold, Mr Firkin and Ms Blavius for comment.

Originally published as Todd Penfold, Inga Penfold appeal QCAT order involving Wayne Murray Firkin, Kalie Maree Blavius