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There is no place like home

The Advocacy and Support Centre (TASC) client is elderly, has disabilities, and is quite unwell. She had been a tenant for over two years without any tenancy issues, in fact, the lessor had offered her another 12-month tenancy. Due to the client’s failing health, she was reluctant to sign another 12-month contract, not knowing if she would be able to fulfil this commitment. TASC’s client felt the agent was harassing her to enter into a new tenancy agreement.   

The agent conducted a routine inspection of the premises, and it became apparent the tenancy agreement had now lapsed onto a periodic agreement. The agent again requested TASC’s client to sign a new tenancy agreement. During this routine inspection, a few issues were raised by the agent with regards to the care of premises, reference being made to some items stored in the garage, and back patio area, along with the carpets requiring cleaning. Due to the client’s illness, there had been a couple of accidents on the carpet.  The agent again requested the new tenancy agreement be signed.   

Subsequently, the agent issued a breach notice to the tenant to have the issues noted during inspection rectified. TASC’s client rectified the issues only to receive a Notice to Leave from the agent for failure to remedy a breach.  The agent provided TASC’s client with 14 days’ notice to vacate.   

The client sought assistance from TASC Tenancy Advocate wrote to the agent requesting further information as to the grounds of the Notice to Leave. The Advocate was able to ascertain the grounds for terminating the tenancy did not appear to be significant enough to terminate the tenancy, and the tribunal may not rule the tenancy is terminated and advised the agent of this.    

The agent lodged their application to Queensland Civil and Administrative Tribunal to have the tenancy terminated. This process placed additional stress on TASC’s client who was in and out of the hospital due to her illness. TASC prepared a counter application for the client, requesting that the tenancy was not terminated, outlining the steps the client had taken to rectify the breach, provided supporting evidence the breach had been rectified and requesting the client be allowed to attend the hearing via phone due to health reasons.   

TASC’s client was able to successfully represent herself at the Queensland Civil and Administrative Tribunal hearing via phone, and the tribunal ruled the grounds were not enough to terminate the tenancy.  

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