The legislation does not define what is "excessive hardship". This is dependent on individual circumstances and must be ruled on by an Adjudicator at the Queensland Civil and Administrative Tribunal (QCAT or the tribunal).
Some examples of excessive hardship may include:
- Someone who has lost their job and has no means to pay rent (tenant) or mortgage (lessor)
- A person who is forced to relocate to another location for work
- Severe physical or mental illness
If a tenant or resident would suffer excessive hardship by continuing with a tenancy, they can apply to the tribunal to end the agreement.
A lessor/agent can also apply to the tribunal to end the tenancy if they would suffer excessive hardship by allowing the tenancy to continue.
An application to end a tenancy by excessive hardship is an urgent application and it does not need to go through the RTA and can go straight to the tribunal.
If the tribunal makes an order to end a tenancy it can also make additional orders such as an order for a tenant to pay compensation to the lessor/agent for lost rent or the costs of re-letting the property. It could also order the lessor/agent to compensate the tenant for the costs associated with moving, for example, when a fixed term agreement ends early.
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