Eviction (Lessee) - Tenant Application for Hardship Termination

This fork applies to residential tenancy disputes in Queensland before the Queensland Civil and Administrative Tribunal (QCAT). The application is made under s 343 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). QCAT may also award compensation to the lessor for loss arising from the early termination.

On receiving instructions, the practitioner assesses whether the circumstances are sufficiently severe and unforeseen to meet the excessive hardship threshold. Evidence is gathered to establish the hardship: medical certificates, specialist letters, hospital admission records, employment termination letters, redundancy notices, Centrelink payment summaries, police reports, or court orders for domestic violence matters. The QCAT Form 2 application for urgent termination is prepared and filed directly at QCAT (bypassing the standard RTA dispute resolution process). At the hearing, the practitioner presents the evidence of hardship, argues that the threshold is met, and proposes an appropriate termination date. QCAT must balance the tenant's hardship against any loss suffered by the lessor as a result of early termination, and may award compensation to the lessor. If domestic violence is involved, additional protections under the Domestic and Family Violence Protection Act 2012 (Qld) are considered. Post-hearing, the bond is claimed, any compensation obligations are managed, and the client is advised on housing support options.

Key legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 343 (urgent termination on grounds of excessive hardship: QCAT may terminate if satisfied that the tenant would suffer excessive hardship if required to continue the tenancy; QCAT must have regard to any harm to the lessor from early termination), s 344 (compensation to lessor for early termination); Domestic and Family Violence Protection Act 2012 (Qld) (relevant where domestic violence is the basis for the hardship application); Queensland Civil and Administrative Tribunal Act 2009 (Qld). The excessive hardship threshold requires circumstances that are unforeseen and severe - a general preference not to continue the tenancy does not meet the threshold.

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