If you haven`t heard from your agent or landlord, write to them again. If a tenant is empty and the termination they have served is invalid, he may still be responsible for the contract. Before the eviction, the tenant can ask SACAT that the termination be valid and that the tenancy agreement can be terminated. Do not refuse rent in response to an offence by your landlord. This is unlikely to solve the problem, and you will probably end up in court anyway, arguing over your violation – non-payment of rent – instead of the landlord`s violation. Instead, it is best to ask for an order for you to pay rent to the court. The application to QCAT does not automatically mean that the contract is terminated. The tenant should continue to pay the rent until the official end of the contract. You may also be held liable for the unpaid rent and be sued by your agency or landlord if you leave the property before the end of the legal contract. If you have to go to court, you will be asked to prove that your landlord or agent has breached the terms of the contract.
You must also show that you have given them the opportunity to solve the problem. In addition to not paying rent, a tenant may also break the tenancy agreement for one of the following steps: if the tenant does not correct the situation within 14 days, the landlord`s next option is to suspend a termination (form 1C) (do not use to not pay the rent). The objective is to terminate the lease no earlier than seven full days after receiving the notification. You must then prove to the judge that the owner seriously violated the tenancy agreement and did not solve the problem. This is when the evidence of your previous letters come in hand to defend your case. A material offence must be quite serious. For example, an owner who shows up once in your property without informing you properly may have breached the agreement, but this is not really a significant offence. However, an owner who regularly enters your property without notice may have significantly violated the contract. You must give your landlord a reasonable amount of time to resolve the problem. If you find that the landlord or agent does not take your concerns seriously, the Council`s environmental health team can assist if the breach with the court can order that your rent be paid in full or in part to the court until the contract is executed (section 187 (1)).
This is a useful and probably unoeated way that can give a few „teeth“ to an OPS. I hope your landlord is not trying to exploit you and has simply made a mistake regarding your contract. There is a good chance that the problem will be resolved or corrected through a mature discussion on this issue. If you ended up going to court. You are obliged to prove that you have given your landlord the opportunity to solve the problem. So this is a decisive step. There is always a risk if you leave a lease before the contract expires, so it is important that you put all available measures to resolve the problem before deciding to leave the issue. If the problem is that the owner does not make repairs, you should contact the Council. Keep your communications in writing and save all the emails, letters or messages you send about this issue. If the landlord preferred the tenant to solve the problem rather than terminate the tenancy agreement, the landlord should ask the magistrate`s court for a court order stating that the tenant must resolve the problem. The court may also make an order compensating a lessor or tenant for losses and inconveniences resulting from or likely to result from the early termination of the lease.