Cash-strapped tenants to be kicked out after appealing to court despite ‘always being in arrears’ on rent

A pair of cash-strapped tenants who have fought their eviction despite being behind on rent since moving into the Queensland home, made a last-ditch bid to stay through court.

Their tenancy history tendered in court stated the couple “have always been in arrears”.

A pair of cash-strapped delinquent tenants who have fought their eviction despite being behind on their rent since moving in to a Queensland home, have lost a hopeless last-ditch bid to stay after pleading for “charity” from their landlord.

Rebecca Donaldson and Jodie Hawkett took their fight to the state’s highest court in a hastily convened evening session of the court on Monday night.

The hearing came after the Queensland Civil and Administrative Tribunal ruled that the landlord’s real estate agent could take back the Laidley North property, in the Lockyer Valley west of Brisbane.

But in his decision published online on Wednesday, a Court of Appeal judge threw out the bid to allow the couple to remain in the $525-a-week home for another month until they can find a new rental, leaving them homeless.

Justice Thomas Bradley stated that the landlord had already given the pair 32 days beyond the date their lease was terminated in June, to allow them to move house.

“There is no reason to doubt that the applicants have made genuine efforts over the last 32 days to find alternative accommodation. It is plain that they have not been able to do so,” Justice Bradley wrote.

“They have thrown themselves on the mercy of the owner of the premises to seek an equivalent period again in order to realise their ambition of finding alternative premises.

“If the owner, through their representative, is not prepared to grant that indulgence, unfortunately it does not appear that the court can do otherwise.

“A party who brings an appeal with little or no prospects cannot rely upon the court to exercise its power to grant an indulgence that the owner of the property is not prepared to give.

“It is a request for an indulgence or a charitable act so as to avoid the dire consequences that might befall them if they are required to give up possession to someone executing the warrant at 9.30am tomorrow,” he said, referring to the warrant execution due on Tuesday.

Their tenancy history tendered in court stated the couple “have always been in arrears” between October 16 last year and July 24, including a debt of $2700 “last week”.

Ms Donaldson and Ms Hawkett told the court they paid $2625 on Monday to agent Property Network Lockyer, slashing the amount owing to $150.

They also have an unpaid water bill of just under $1000, the decision states.

The pair argued they should not be evicted due to “the ground of mental health and hardship” as they told the court they have four children between them, who have some mental health issues, and that one of the adults works from home, the decision states.

The couple do not intend to contest the termination of their lease, the decision states.

Justice Bradley ruled that the couple did not appear to have any prospects of winning an appeal to overturn the QCAT order granting the landlord a warrant of possession.

Initially QCAT issued a warrant of possession to take effect on July 15 and valid until July 29, the decision states.

The pair then appealed to the QCAT appeal tribunal, seeking a stay, but this bid failed on July 22.

Originally published as Cash-strapped tenants to be kicked out after appealing to court despite ‘always being in arrears’ on rent