Aussie tenant's $5,000 win after being evicted from 'sinking' rental with hours' notice

The Queensland man, who'd been living in the property for seven years, was given just 16 hours to leave after it was deemed 'unliveable'.

Moreton Bay rental property lacking basic repairs.
A Queensland tenant has been awarded $5,000 after the property he was leasing was deemed 'unliveable'. Source: ABC

A frustrated tenant living in a property he claims failed to meet minimum housing standards in Australia has reportedly been awarded $5,000 after taking the leasing agent to tribunal. He claims he was given just 16 hours to vacate the rental home after it was deemed "unlivable".

The man who goes by Malcolm alleges the Queensland rental home had been "sinking" for years due to "rotting wood" and was propped up in places with bricks and rocks. He also claimed he was denied "basic repairs" and upkeep during his seven years at the Moreton Bay property.

In a decision handed down late last month, Queensland Civil and Administrative Tribunal (QCAT) adjudicator Peter Eardley found the "structural integrity" of the house had "substantial issues" and that the lessor had refused their responsibilities, the ABC reported.

During his time there, Malcolm had allegedly sent his agent photos of buckling timber and parts of the home that needed work. However, it wasn't until May last year the agent said he learned it was "unsafe" during a carpenter's roof inspection.

As a result, an eviction notice was then issued for "non-liveability" with Malcolm allegedly told to leave right away. The same agent reportedly listed the house for sale within weeks.

It was described as needing "some TLC (or a bulldozer)" the ABC reported. The single-storey home then sold a few weeks later for $590,000 and it's since been demolished.

Moreton Bay property being held up with rocks.
The man claimed the house had been 'sinking' for years and was propped up in places with bricks and rocks Source: ABC

It was only after his eviction that Malcolm took the matter to QCAT, it's been reported. He bid for $17,359.50 compensation to cover moving costs and lost income and back-paid rent to last September when minimum housing standards came into effect

These standards require a property to be weatherproof, structurally sound and in good repair to be deemed liveable.

While Eardley agreed the tenant's enjoyment of the property was "disadvantaged" he was instead awarded $5,000. The agent argued that "all basic repairs were always done".

It comes has renters in Western Australia will now only have to endure one rent rise per year and will be able to have pets or hang a painting. The state government’s new rental reforms came into effect for 700,000 tenants in July.

Landlords can now only increase rent for tenants once a year, instead of once every six months. The change brings WA in line with other states and territories, including New South Wales, Victoria, Queensland, South Australia, Tasmania and the ACT.

WA Premier Roger Cook said the rental changes, which also allow renters to have pets and make minor modifications to their rental property, would provide more stability and certainty for tenants.

"These changes make renting fairer for all, giving tenants more certainty in their budgets, and allowing them to feel more at home where they live," Cook said.

Renters in New South Wales also got a huge win in July after the government announced a ban on no-grounds evictions. Premier Chris Minns revealed that legislation would be introduced later this year to give tenants more peace of mind and ensure they wouldn't suddenly be homeless without a proper reason.

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