Roger is in his 80s and lives by himself. In late 2017, his landlord did some plumbing work in the yard and left a mound of dirt uncovered. Roge ferll over the mound and fractured a vertebra in his back.
He suffers excruciating back pain daily as a result. The vertebra will heal, but it will take months.
Roger made a personal injuries claim against the owner and shortly afterwards, Roger found a Notice to Leave without grounds in his mail box.
Mackay Regional Community Legal Centre attempted to negotiate with the agent, requesting the time to leave be extended, but all requests were denied. Roger lives in an outer suburb of Mackay. He likes the area and has many support networks there, but there are very limited number of Department of Housing or NRAS properties in that area and none that would have been appropriate were available.
Roger's injury also meant he was incapable of lifting and bending, so the task of moving would be very difficult.
He was unsuccessful in finding a new property or extending the handover date by agreement, so Mackay Regional CLC represented Roger at QCAT to have the Notice to Leave set aside on the ground it was given in retaliation to Roger’s personal injuries claim.
The team successfully argued the timing between the commencement of the personal injuries claim and the Notice to Leave was obvious and not a coincidence. The Magistrate found in Roger’s favour and set aside the Notice to Leave.