Urgent QCAT Advice Needed

Sorry if this is in the wrong place. Not an Oz Bargain expert. My Notice to Leave was dated today. Unfortunately I have not been able to move everything yet and need more time. The owner wants do demolish the house very soon. The Property Manager stated today, that she is now going to QCAT. She refuses to give me a little more time. I can't wait to leave this place and am only hoping for a little more time. I have very little help and only on a pension, so not much money. I need urgent advice on what will happen and any idea how long QCAT takes to act. This is getting me down very badly and really desperate. Hoping I can get some advice on anything I can do. Thanks.

Edit: I have been in his place for 28 years. Can't get in contact with QSTARS currently as they are too busy.

Comments

Search through all the comments in this post.
  • Are you a hoarder? I had this situation as a landlord. Ended up giving months of 'extra time' which costs me almost $10,000

    • Playing the World's tiniest violin for the landlords whose tenants selfishly decide to own things. 🥀

      • If only you knew the full story of that situation… There's no way you would say this lol.

        • never underestimate the idiotic anti landlord hatred by some. You could be paying him to live their and you would still be an evil bastard not deserving of sympathy simply because you didn't give him the deed to the house.

          • @gromit:

            You could be paying him to live their

            Things that never happened.

    • It's surprising the amount crap long term tenants can hoard.

      • It's surprising the amount crap long term tenants can hoard.

        Wardrobes full of macpacs.
        Drawers overflowing with chargers and tiny torches.
        Unopened packs of bootstraps.
        Stacks of timber pallets.
        Giant teddies.
        Bags of expired gift cards and grocery vouchers.

        • If you don't measure your powerbanks and eneloops in kg then are you really even on ozbargain?

        • Boxes of eneloops.msd cards. The bargain list goes on

        • Looks like we have a stalker, but on a more serious note this is a perfect example of why you should pull yourself up by the bootstraps and get on the property ladder.

            • @tenpercent: Hopefully you manage to pull yourself up by the bootstraps and get on the property ladder. Otherwise we might be reading a very similar thread from you in a few decades.

      • Meh, I bet the average homeowner who has lived in a place for 28 years will also have the house filled with crap. So tenants are no better or worse than the investors own homes.

    • retaining that cracked legal team wouldn't come cheap either 🤔

  • I don't think they can do much at all, at least not within the 2 weeks extra you need. The fact you already got another place is great. I'd just move out asap and pay rent until you do.

    And that's not even taking into account that they didn't give you the required notice.

    • I don't think they can do much at all

      They can sue for damages.

      • Sue me . Can't get blood from a stone.

        • Dude, they can't sue you for being two weeks late.

          Even if notice to vacate was served correctly, the most it will cost is the extra time it took you to return vacant possession.

          But, can sue if you damaged etc or did not clean as required etc. reasonable wear and tear etc. but that's a different thing.

          Even a month to month lease, they must give you minimum 60 days notice to leave.

          • @Satchimo:

            But, can sue if you damaged etc or did not clean as required etc. reasonable wear and tear etc. but that's a different thing.

            I was thinking about that. OP believes they're doing a demolition after he leaves. Does he have to do a deep clean and is he on the hook for damage that goes beyond reasonable wear and tear?
            Some tenants might be tempted to think they don't need to do that if it's getting demolished as soon as they leave.

            • @tenpercent: Never underestimate the pettiness of property managers. They'll try to claim your bond for things even if the place is due to be knocked down or fully renovated.

            • @tenpercent: Doesn't sound like it.

              If they challenged his bond, he could present that as an argument.

              But it really doesn't matter what the owner wants to do with it after they have lawful possession. Owner might even change his mind, or previous plans fall through etc.

              Just cos owner plans to demolish when he has lawful possession, doesn't mean tenant can just leave the place trashed.

              Legally required to leave it reasonably clean with consideration to fair wear and tear.

              But magistrate will look at any entrance reports (if any) periodic inspections, the 28 year old tenancy and what maintenance repairs etc over that time, may also consider intention to demolish.

              Based on evidence (BoP), he will determine what is "reasonably clean" and "fair wear and tear", under those circumstances.

              But magistrate isn't silly. He will know if ll is trying to be petty or over reach.

              Magistrate can't over rule laws, but they don't tend to let landlords exploit tenants, especially if trying to do right thing etc.

            • @tenpercent:

              But, can sue if you damaged etc or did not clean as required etc. reasonable wear and tear etc. but that's a different thing.

              Just coming to say the same thing as @tenpercent

          • @Satchimo: I'm pretty sure that you cannot charge for damage or not cleaned if the house is to be demolished.

            • @Cheapskate Paul: What if owner can't or doesn't go through with the demolishing after they have lawful possession? What if owner dies and ownership passes hands through testamentary provisions?

              In Qld at least, as long as vacant possession is obtained legally, owner can usually change their mind (subject to any contracts on foot).

              Depends what contracts and agreements owner already has on foot.

              However, you may well be correct 100%. But IMO, he shouldn't risk it if he can help it.

          • @Satchimo: Don't listen to @Satchimo, this person has no clue about law/regulations.

            • @oliman: Hello @ozzieshozzie, it is so nice to see you again! I love your new dress btw. It looks exactly like @oliman's. You both even speak the same? Are you brothers?

              Was there anything else that you have said to me in private messages that you would like to say in public where there are witnesses to what you say?

              • @Satchimo: 🍿🍿🍿

                • @randomusername2017: I will sincerely apologise if I am wrong

                  I don't believe that I am, though.

                  • @Satchimo:

                    ─────────────────
                    ▄▄▀▀▀▀█──────▄▄▀▀▀▀█───
                    █▒░░▄░█─────▄█▒░░▄░█────
                    █▀▀▀▄▄▀───▄▀▒▀▀▀▄▄▀─────
                    █▒░░░█──█▒░░░░▄▀─▄▄▀▀▀▀█
                    █▒░░░█─█▒░░░░▄▀─▄█▒░░▄░█
                    █▒░░░█▒█░░░░█─▄▄▀▒▀▀▀▄▄▀
                    █▒▒▒▒▒▒▀▒▒▒▒▒▀░░░░░░▄▀
                    ██▒▒▒▒▒░░░░░░░░░░▀▀▄▄──
                    ███▓▓▒▒▒▀▀▀█▄▒▒░░░█░░▀▀▄
                    ▓██▓▒▒▒▒▒▒▒▒▒█▀▀▄▄█▒░▄░█
                    ▓▓█▓▒▒▒▒▒▒▓▒▒█░░░░▀▀▄▄▄█░
                    ░▒▒▀▀▄▄▄▄█▄▄▀░░░░░░░

                    I'm just waiting for the leaked DMs 🤭

            • @oliman: @Satchimo does know how to cross the road though.

              @Satichimo does not have surveillance footage of their neighbours or their children walking to and from school, or have them under constant surveillance including recording them, using CCTV cameras, and storing those recordings for later public dissemination.

              • @Satchimo: @Satchimo you are so silly. Pretty much every household security camera captures a portion of nearby outdoor area of the property such street road, naturestrip etc. This is why Police request home owners for their CCTV footage when a crime happens on road/street, so it assist them in fighting crime. Ths is on News and TV almost every day. @NevC please dont het mis-led by statement from @Satichimo. This user has proven to be silly and clue-less on their own comment above as I have explained in my reply to it :)

                • @oliman:

                  silly and clue-less

                  That's the pot calling the kettle black if ever I've seen it.

                • @oliman: @randomusername2017, see, I told you.

                  Master of his own leaks.

                  @oliman, Police did not ask you for that footage you publicly released a few days ago and it was recording all the way up the road and across the next intersection and panning multiple neighbours properties. Far more than is permissible by law for security purposes. The end of your street is not "nearby" lolol.

        • Careful what you wish for…

      • Damages for what? If they keep paying the rent, the LL loses out on nothing, especially as they are just going to demolish it

        • He posted the original notice to vacate (the one that might not be valid), in his previous thread from about six months ago (link up there somewhere).

          That notice does not seem to have "intention to demolish" included on it.

          I believe this is the notice the REA is relying on (waiting for confirmation).

          I am not sure what the most recent notice from four weeks ago included as reason to vacate, but I think that the demolition reason has only been provided verbally to the OP.

          If that is true, there does not seem to be any lawful notification or official record that would be available for the OP to rely on that the intention is to demolish (at any time frame after he vacates).

          If he left the home presuming demolish and REA tries to claim, OP has nothing to show magistrate that house is intended for demolishing right after he moves out. He said/she said scenario. REA just denies they said it.

          IMO, he needs to act as if he is not aware of it and leave the property in the condition that would usually be required.

          If the OP didn't do this, the REA might try to be an arsehole and try to have him responsible for every little thing they can find including making unfair claims against his bond.

          If you read the other letter they are telling him to hand keys back upon final vacate and that they will do final inspection without him etc, leave electricity on afterwards for their use - other things like that, not telling him he has the right to be at the final inspection with them, does not need to leave power connected etc.

          They state he has a checklist for his exit listing required cleaning etc and a few other instructions.

          It is my opinion that they do not seem to be the most tenant friendly REA, so believe the tenant does need to do as much as he is able to.

          When vacating, a tenant is legally required to leave the property reasonably clean (assuming it was that way in entry report) less fair wear and tear.

          The starting point will be the entry condition report, but who knows when that was last done.

          OP has been there 28 years, it may not have even been brand new when he moved in so had already had some wear and tear and depreciation.

          Next the periodic inspection reports will be used as they will hopefully be more updated than the entry report. This should note any defects OP reported as well as anything REA observed and commented or directed. Hopefully these are also accompanied by progressive photographs as well to show condition of property st that point in time.

          OP needs any breach notices he has served or requests/ notification for maintenance and repairs.

          REA will have their own.

          Unlikely OP needs a professional carpet clean as these can only be legally requested if you had pets.

          Then age of things like flooring, carpet, light fittings, painting, kitchen cupboards, ovens, cooktops, tiles etc will be considered and when they were last updated/replaced etc

          As most items will already have had some depreciation, some may even have been fully depreciated (eg, 10 year old carpet has $0 value, so even if he has absolutely trashed it, REA can't make tenant fix it as there is no new for old replacement).

          Things like that. Not only do properties experience "fair wear and tear", but frequently things just wear out faster because they are old regardless of how careful OP was.

          If owner really does want to demolish, I suspect that it has been quite a while since he has updated or done much maintenance repair there and house may really be just run down and derelict.

          So unlikely OP needs to have it like a brand new show home, just reasonably clean less depreciation and fair wear and tear.

          • @Satchimo: It's ridiculous that are making him do all these things, most competent lawyers will see 28 years as wear and tear and even if they were going to up the price and rent it out it's expected they will need to replace carpets and fixtures, but if they are demolishing it WHY does it matter what condition he leaves it in!???

            The REA is being BEYOND reasonable; since COVID the REA needs a specific reason to make some one vacate and end a lease so the demolition may just be an excuse to get them out to renovate or even just raise the rent to current value for the NEW owners…

            Either way nothing can be done without that COURT ORDER so tell the REA good luck.

            Unless you need the reference for future rentals I would literally just clear your belongings and leave the house as is especially if they are going to demolish, FK THEM as OP basically paid for that house over nearly 30 years….it's obvious NEW OWNERS want to get every dollar they can and need to remove OP.

          • @Satchimo: Long reply so I am still going through it all. Notice to leave only stated end of lease, nothing about demolition. This has been verbal only. I do have an email stating I am not required to do any cleaning. Almost zero maintenance has been done in the 2 1/2 years the owner has had it. House was very unclean when I moved here. I did a lot of work to get it reasonably clean. Seven full vacuum cleaner bags just to do the carpet.

            • @NevC: They can't just force you to leave or end your tenancy unless they have a valid reason, refer to the website

              https://www.rta.qld.gov.au/ending-a-tenancy/ending-a-tenancy…

              • @Mjk698:

                They can't just force you to leave or end your tenancy unless they have a valid reason, refer to the website

                From your link

                This is a valid reason

                "The ending of a fixed term agreement is a valid reason for ending a fixed term tenancy providing the correct notice has been given."

                It seems OP is at end of fixed term agreement. It all turns on whether OP was issued a valid notice form 12.

                There is no official record that house is being demolished. Verbal only. However OP says he has in writing they told him not to clean…

                • @Satchimo: Read further down there is a set of SPECIFIC reasons only allowed

                  • @Mjk698: Yes, I read it.

                    What I quoted was in that section, right up the top.

                    One list had reasons both parties could use.

                    Next list had ones only REA or LL could use (this is where end of lease reason is)

                    Third list down is reasons only the tenant can use.

                    Have I missed something?

      • For what?

    • and pay rent until you do.

      Actually do not pay upfront, have those overdue rent payment taken out of your rental bond.

      This will ensure the owner/agent will move speedily and diligently and approve very quickly the rental bond refund. It is mostly their money there!!!

  • This is getting me down very badly and really desperate

    Give lifeline a ring, 13 11 14, or a chat online.

    I know some of the comments here have been at your expense and not at all helpful or even remotely attempting to be helpful, so it's best to ignore those people (they know who they are).

    Lifeline won't give you advice about this situation but you can talk about how this is affecting you without judgement. They may point you to other services too.

    • Thank you. I try to ignore comments that don't help but ………..

      • You know how they tell you to imagine the audience is naked if you have to do a public speech or something?

        Well, an adaptation of that for mean unhelpful people could be to:

        Imagine that those people have very small limp penises dripping with yellow and green pus.

        Pivot from there to create the equivalent female version.

        Even better, imagine they are naked and a big crowd is pointing and laughing at them whilst somebody is also giving them a rectal exam/search, elbow deep!

        Now imagine that you charge people $10 per person to point and laugh at them and you'll have a house deposit saved in no time.

        Then imagine it's all taking place on that street where "I can't cross the road dude" is recording everything and later publishes it on the internet for their mothers and future partners or work colleagues to see.

    • some of the comments here have been at your expense

      I can confirm that mine at least, are free…

      • Still too expensive.

        • Your maths does not math.

  • I'm surprised at all the negative comments here. In Victoria, however slow you think VCAT is…it's much slower. You'll have to pay the rent for the days you did not move. The tribunal will deduct it from the bond if you don't pay - though technically you're not supposed to use the bond to pay rent. You'll find the tribunals are generally quite reasonable to tenants. As long as you really make your best effort, you should be good. Some ideas…

    1. Stressing only makes a stressful situation worse. So try not to catastrophize things.
    2. Organise to complete the move as quickly as possible, sounds like you only need a few more (i.e. less than seven) days.
    3. The situation gets a bit prickly if you interfere with the demolition, but hopefully you're well clear of that.
    4. Consider that the property manager is making things worse. Mine did. This is a tricky situation because property managers often block access to the landlord.

    Good luck - moving is incredibly tough. As for how to respond to property manager going to QCAT, I'd also say to her "good luck" but with much greater dose of sarcasm. Don't let anyone apart from QCAT themselves bully you into a painful agreement - tenants and landlords are meant to work together in this process.

    • I'm surprised at all the negative comments here.

      Which ones are negative?

      • Well state of denial was a bit harsh of MS Paint. Also…

        What do you think we can realistically do/say?

        Well I just feel we can sort of highlight the obvious here. As you yourself noted jv, OP seems to be in a state of unnecessary panic.

        A pensioner living in a place for 28 years who misses their move-out date by a couple of days is not and should not be the primary target of VCAT/QCAT. There are undoubtedly tenants in both states who have stopped paying rent, have no intention of paying any further rent and are either a) not looking after the place or b) trashing it (depending on how generous you want to be). The public expects VCAT/QCAT to deal with those tenants first.

        I mean I was able-bodied, younger (maybe not than OP but definitely than I am now) and I barely made my last move-out date. People get panicked about moving and they lose perspective because it's extremely stressful. So I think those who have been in situation can say: calm down, do your best, it'll probably work out just fine.

        • Thank you so much for the kind words and understanding. All I am asking for is a little more time to make the move happen. I am actually up to date, or rather, in advance with rent, so I have some credit.

          • @NevC:

            All I am asking for is a little more time

            Only the property manager can help you with that.

            • @jv: I asked but she has refused. The don't care at all.

              • @NevC:

                I asked but she has refused.

                They are allowed to refuse as long as they have given you the required notice on time…

                If they have done something wrong, then you can go to QCAT.

        • Well state of denial was a bit harsh

          You are confusing 'truth' with 'negativity'.

          • @jv: Most if your posts are negativity and certainly unhelpful.

            • @try2bhelpful: Really boggles my mind how jv hasn't been blocked permanently, just a useless troll.

            • @try2bhelpful: You can block all comments from individual users. I've blocked only one individual user and it has improved my ozbargain experience immensely.

              • @Cheapskate Paul: I've only ever blocked one user and shortly after they ended up perma penalty boxed.

                • @JIMB0: I blocked one, but I keep peeking so it doesn't really count. But it does sort of act as a reminder to think about how to respond to them (if I do)/what I write, so I might be able to avoid the sin bin.

                  • @Satchimo: Does it still show as comment hidden? This person was a prolific poster so every thread was riddled with "comment hidden" and you knew who it was. After their perma ban they wouldn't have known what to do with themselves and I suspect they started using one of their alt accounts which is now a prolific poster of a somewhat similar style, and yes they are in the room with us now.

                    • @JIMB0: I can't remember the exact message, but there's a few words, probably "content hidden" and something to click on to open the post.

                      It doesn't show up on live feeds and you don't know who the post is until you open it. (Well I know, cos I only have one person, but if you have more, I imagine it's the same set up).

                      I have NFI who you talking about. Wild guess a curved mathematical instrument to measure angles etc, but really, NFI. But I did like him, so if it is him wave.

                    • @JIMB0: It shows as 'comment blocked'.

              • @Cheapskate Paul: Who was it?

                Is it me?

                • @Satchimo: No, it's not you, but he is quite prolific in this thread, and most other threads.

        • I think that was pretty helpful actually. Shows that this person has known they needed to move since December 2025.

          • @mfazackerley: I think you've read the wrong comment. The one I linked to is now auto collapsed as off-topic.

          • @mfazackerley: Bingo
            OP Really pushing the boundaries of empathy

        • That's not the definition of negative.

        • Why is that negative? It is factual.

    • Bond 28 years ago was probably $64 or something.

      • Perfect opportunity missed to mention $69

        • Thought about 69 but couldn’t divide it by four.. same with 67 for that matter.

          • @Save 50 Cent: Prime numbers hate this one simple trick.

          • @Save 50 Cent: Only need to divide by two.

            • @Satchimo: Prime numbers can only be divided by 1 and itself; I can count pretty high in prime numbers, kids today probably don't even know what we're talking about 😜

              • @Mjk698: I know fractions and decimals. I am not restricted to whole numbers, whether they be positive, negative, real or imaginary.

              • @Mjk698:

                kids today probably don't even know what we're talking about

                Or even if they do know what, they probably don't know why ;)

      • you must be really young

      • If rent has increased, it is likely that associated bond contributions have too.

  • hoping for a little more time

    You've got min 7-14 days before the warrant of possession is issued ..assuming successful hearing for the RE… use that time wisely 🤔

    • I am flat out packing and moving. Just need that time. Old with a bad back is not fun.

      • Just carry on doing that.. if you time it right the police/sheriff will help carry out the last few boxes 👍

        btw . you do have the option of pleading your case at that QCAT hearing …

        • What case?

  • Haven't they already notified you over 6 months ago?

  • I need help, but not much money to pay someone to move everything. A huge amount has been moved to storage but there is a lot more furniture which I am not capable of moving. I am 72 and not in great health. Just hoping for another week or two.

    • Do you have a new place to move the stuff to? I hope you won't be homeless.
      I'd recommend getting your things out of the storage place as soon as possible - they can cost a small fortune.

      Do you have younger & fitter friends or family that can help? Are you on social media? I'm sure you could find some volunteers to give an old bloke a helping hand.

      You can rent a ute from Bunnings or some servos for reasonable rates.

      Maybe try GoFundMe as well. Explain your situation, the urgency, how much it will cost to get movers in (I assume you've got 3 quotes already). You will probably get people chipping in to help you out.

      Have you enquired with the moving companies about a payment plan to pay it off over a couple of months? Explain your situation to them.
      Or do you have family you can borrow from and pay them back over a couple months?

      @Satchimo

      • Moving from a three bedroom house to one bedroom in a two bedroom unit with my brother. Have a trailer which my brother has been towing to move stuff to storage. I only have a Getz. Not a social media user. Movers is an option but I need time to arrange that. Go Fund Me is something I would have trouble with, on how to do it. I can't borrw as I may not be able to pay it back.

        • Go Fund Me is something I would have trouble with, on how to do it.

          You managed to create an account and post here. It's not complicated. Give it a go. If you get stuck. Ask chatgpt or pop back in here and ask.

          I can't borrw as I may not be able to pay it back.

          Are you sure? If you can afford to pay storage fees you should be able to afford to repay a small loan to pay for movers. We had family move interstate recently and it cost the equivalent of maybe 2 or 3 months worth of storage fees.

          How much have you been quoted to get stuff moved?

          Check out the government no interest loans. You could get a loan for e.g. $500 and pay it back at $20 a fortnight for a year.

          If getting a loan really is out of the question then your only option is to accept charity from friends, family and strangers.

    • Another potential option to pay for movers (assuming you have a pension card or health care card): https://moneysmart.gov.au/loans/no-interest-loans

Login or Join to leave a comment