RENTING and your home was damaged – What to do…

RENTING and your home was damaged – What to do…

FACTS SHEETS CAN BE FOUND HERE

What you need to do.

Technically, you do not have to leave the house until the landlord gives you a Form 12.

The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the premises.

The form is completed and signed by the lessor/agent and given to the tenant/s. It may only be given in accordance with the Residential Tenancies and Rooming Accommodation Act 2008.

If you receive this form as a tenant, it means that the lessor/agent is giving notice that the tenant must move out of the premises by the handover date stated in the notice. This may be for a number of reasons.

If you dispute the reasons on which this notice was given, you should first try to resolve the issue by contacting the party who gave the notice. If attempts to resolve the issue fail, the tenant can access the RTA's Dispute Resolution Service by lodging a Dispute resolution request (Form 16) with the RTA.

If tenants fail to leave the premises by the handover day, the lessor/agent may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order without giving the tenant any further notification. If the Queensland Civil and Administrative Tribunal (QCAT) makes a termination order, an order for possession will be granted to the lessor at the same time.

You should get a letter from the landlord determining if you are going to be able to return to the house. Ask them to include in the letter when they believes that you will be able to go back to the house.

You need it in writing not verbal!!!

They can fax this to you at the MARSS office on 07 46237572 if you do not have a fax machine and you can pick it up at the MARSS office. Or email it to you. IF you do not have a printer MARSS is happy to have it emailed to us at marss.ceo@bigpond.com and you can pick it up at the office. 47 Cambridge St Mitchell.

If the landlord says you are not going to be able to go back in, then you can lodge a Form 16 with Rental Tenancy Authority to appeal this decission.

If you have concerns that the landlord is not going to let you back in, or if you think that there is going to be a long time before you can get into the house again, then you need to lodge a request for housing with the Maranoa Regional Council.