What is considered “Excessive Hardship”?

A recent decision in the Queensland Civil and Administrative Tribunal (QCAT) explored the interpretation of “excessive hardship”. Sections 295 and 310 of the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) allow either lessors/agents or tenants to apply to QCAT for termination of a tenancy agreement on the ground of “excessive hardship”. If the Tribunal is satisfied the party would suffer “excessive hardship” if the agreement is not terminated, it has the discretion to do so.

While the Act does not define “excessive hardship” this particular decision helps identify indicators considered by the Tribunal. Click here to read more about the QCAT decision at the RTA website.

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