I am currently in dispute with my Real estate property manager who refuses to release me from a tenancy agreement I

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Customer: I am currently in dispute with my Real estate property manager who refuses to release me from a tenancy agreement I signed after I had a serious fall from heights suffering a head injury and provided her with documentation to support this from my GP. The reason I wanted to be realised also is after entering the property the carpeted areas of the house reek of animal urine
JA: Where is the property located?
Customer: *****Springfield Lakes Qld
JA: Has any paperwork been filed?
Customer: Property manager told me I had to start a dispute resolution with the RTA which I did
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Property manager also told me I needed to file a form 13 intention to leave which I have also done
Answered by John Melis in 7 hours 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter, you can do a lease break as you see required in accordance with the lease terms and conditions, but also you might be able to raise a counterclaim against the landlord for any insufficient property standards that has resulted in your injury.

Where do you want to raise a claim of compensation against the landlord you can't do so in the Queensland civil and administrative tribunal

You can manage this process without a lawyer, in your local tribunal, QCAT.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

You will be the applicant and the other party the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further. 

http://www.qcat.qld.gov.au

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim.

Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party.

Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.

In regards ***** ***** lease break, the following information explains your rights in that respect

A lease is a legally binding written contract between the tenant and property manager/owner and the easiest way to break a lease is by a written termination agreement signed by both the tenant and the property manager/owner.

If the property manager/owner refuses to break the lease the tenant has these options.

In the case of excessive hardship, a tenant can make an urgent application directly to Queensland Civil and Administrative Tribunal (QCAT), without participating in RTA dispute resolution, to end the tenancy agreement.

The legislation does not define "excessive hardship" as this is dependent on individual circumstances and must be ruled on by an adjudicator at QCAT.

Some examples of excessive hardship may include the loss of a job and no means to pay rent, a tenant who is forced to relocate for work or is suffering severe physical or mental illness.

The tenant should attend the QCAT hearing with the necessary documents to support their claim of excessive hardship.

If excessive hardship is proven QCAT can grant a termination order of the tenancy agreement immediately.

But the tribunal cannot backdate the termination order and the tenant would be responsible for the rent and associated costs up to the termination date.

But if excessive hardship cannot be proven the tenant may be responsible for compensating the property manager/owner for any loss or expense for re-letting the property which may include:

  • payment of rent until another tenant is found
  • repairs
  • cleaning
  • break lease fees, such as real estate agents’ administration fees
  • advertising expenses to relet the property.

However, the property manager/owner has a legal obligation to reduce or minimise costs that result from the lease break. That is, the property manager/owner must make a reasonable effort to re-let the premises quickly.

If there is a dispute between the tenant and property manager/owner about the amount of compensation, an attempt to conciliate the issue must first be made with the RTA.

If the issue is not resolved, the RTA will issue a Notice of unresolved dispute. The matter can then be taken to QCAT for a decision.

If an owner wants to end a fixed term agreement on the grounds of excessive hardship e.g. lost job and unable to pay mortgage, they may also apply to QCAT for a decision.

In this case the tenant may seek compensation e.g. an amount towards moving costs.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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