Clare* called Tenants Queensland looking to end her tenancy due to her poor health which had been greatly exacerbated due to the state of the premises.
Clare approached the real estate agent seeking a mutual agreement to terminate the tenancy. The agent did not agree to the mutual termination but said they would ‘allow’ the tenant to end the tenancy early if they paid a re-let fee, advertising costs and the rent until a new tenant was found. Clare thought this was unfair as the actions of the lessor had significantly contributed to the situation.
Tenants Queensland helped the tenant (by now hospitalised) to seek QCAT orders to termination the tenancy on the grounds of Excessive Hardship. The agent counter claimed seeking a termination for failure to leave - rent arrears. Clare’s application was ultimately successful.
She is now much relieved to be out of the stressful situation she had found herself in.
*This fictional name has been given to protect the client’s identity.