Suncoast CLS kept two pensioners in their seventies from certain homelessness after QCAT issued a warrant of possession returning their rental home to the landlord at the end of a periodic tenancy. While no breach notices had ever been issued against the couple during the five-year’s they had been in residence, problems with the property manager’s accounting system had created a perception that there was an issue with timely payment of rent.
The landlord had decided it was time to move them on with the minimum two-months notice period given. In a very tight rental market, they struggled to find another property suited to their various disabilities and to their many pets, and the warrant was sought and given.
Suncoast lawyers identified a technical fault in the warrant and brought an Appeal on that basis, and also in relation to the QCAT member’s exercise of his discretion.
While the appeal decision was essentially that the member had erred in law but no injustice was done, and the decision stood, the elderly couple had been afforded an extra three months to make an orderly departure.
Suncoast was able to link them up with community services making this process was much more manageable.