At the end of 2024, a couple with a toddler relocated to Queensland and signed a twelve-month residential tenancy agreement without physically inspecting the property. When they arrived and collected the keys, they found the premises to be in a severely uninhabitable state. Examples of this included deceased pests inside the property, overgrown lawns, mould, detached curtains, strong odours, appliances not working (including the oven and dishwasher), and various other repair and safety concerns. These conditions made the property unsuitable, especially for a family with a young child.
After contacting the Residential Tenancies Authority (RTA), the couple were advised that they could issue a Notice of Intention to Leave within seven days due to the condition of the property. Therefore, within this time frame the couple issued a Notice of Intention to Leave. As a result of needing to break their lease as the house was not habitable, the real estate agent submitted a bond refund request for the entire amount of $2,040 to be refunded to them, the real estate agent.
QSTARS Involvement and Support: QSTARS supported the tenant in corresponding with the agent and confirming compliance with legislative obligations. When the tenant reported being distressed by persistent communication from the agent, QSTARS provided guidance and assisted in drafting an email response, referencing the appropriate sections of the Residential Tenancies and Rooming Accommodation Act 2008. The agent ceased further communication after receiving this response.
At the start of 2025, the tenant called QSTARS to help them prepare a response to the agent’s claims ahead of the QCAT hearing scheduled for February. QSTARS helped clarify the tenant’s legal position, including the acceptance of rent liability for the notice period but disputing claims for water and break lease costs.
Outcome: At the QCAT hearing, which occurred via telephone, the adjudicator confirmed that the agent was only pursuing the break lease fee. The tenant offered to pay rent and water costs but these were not part of the agent’s claim. The adjudicator ruled in favour of the tenant, resulting in the full bond refund given to the tenant, $2,040.
As a result of QSTARS being able to offer advice, it meant the tenants could understand their rights and obligations and therefore, this led to a fair and equitable outcome under the Residential Tenancies and Rooming Accommodation Act 2008.
About Tenants Queensland
Tenants Queensland (TQ), established in 1986, provides a range of tenant advice and advocacy services, including a statewide telephone advice service for renters, publications, and tenancy law research and policy development.
TQ also manages the QSTARS (Queensland Statewide Tenant Advice and Referral Service) program, a free statewide advice and referral service for Queensland tenants.