If the property owner or tenant believes they would suffer excessive hardship if the tenancy agreement was not terminated, they can make an urgent application to QCAT to end the tenancy.
Tenancy law does not define excessive hardship.
A QCAT adjudicator will make a ruling about excessive hardship based on individual circumstances.
The person applying to QCAT must be able to show how they would face excessive hardship if the tenancy was not terminated.
Examples may include:
- a tenant has lost his job and is unable to pay the rent
- a tenant is forced to relocate for work
- tenant or property owner is suffering severe physical or mental illness and cannot continue with the tenancy
A tenant, property manager or owner can apply to QCAT to end the agreement on the grounds of excessive hardship.
If QCAT terminates a general tenancy on the grounds of excessive hardship it must issue a Warrant of possession. It may also make any other order it considers appropriate, such as an order for compensation.
Example 1. the tenant is ordered to pay the property owner for some lost rent or re-letting costs
Example 2. the property owner is ordered to compensate the tenant for moving costs.