Horizon Housing Company v Ross [2020] QCAT 41

Date: 9 January 2020 (ex tempore)
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Members: Adjudicator Alan Walsh
HRA Sections: ss 3, 11, 13, 15, 17, 24, 25, 26, 31, 48
Rights Considered: right to recognition and equality before the law; right to protection from torture and cruel, inhuman or degrading treatment; property rights; right to privacy and reputation; right to a fair hearing
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 4, 8, 10, 11, 12, 13, 28, 33, 57, 90, 93, 127; Residential Tenancies and Rooming Accommodation Act 2008 (Qld) ss 4, 52, 61, 83, 277, 280, 281, 293, 325, 326, 328, 329, 330, 337, 349, 350, 351, 352, 415

Keywords: Tenancy; Community housing; Eviction

An application for the termination of a community housing lease was brought by a Housing Officer on the ground that the lessee would not leave the property. Human rights were considered, but not discussed in detail by the tribunal.

This case concerned an applicant who sought the termination of a community housing lease on the ground that the lessee would not leave the property. The lessee was given an eviction notice after failing to pay rent.

The tribunal found that the tenant had ignored his responsibilities, including ‘the contractual responsibilities under the lease’ and did not fulfil his obligation to pay rent: at [9].

In making his decision that the lease should come to an end, Adjudicator Walsh discussed the influence and operation of the Human Rights Act 2019 (Qld). He acknowledged that the tribunal is bound to consider relevant rights: at [10]. He did not, however, go on to list which rights were relevant in this case.

He relevantly commented at [12]: ‘Human rights conferred by the Human Rights Act 2019 do not exist in a vacuum. They are to be considered in the factual and legal context of each case.’

He further commented at [13]: ‘I have considered the provisions of the Human Rights Act 2019 and, insofar as human rights of the tenant are engaged on the facts of this case, having considered them, I find that they are lawfully limited by the valid and effective provisions of the Residential Tenancies and Rooming Accommodation Act 2008 in circumstances where the tenant is in ongoing breach of the lease in ever increasing amounts rental-wise in the respects to which I have referred.’

The tribunal subsequently made a termination order and directed the issue of a warrant of possession in respect of the premises: at [17]-[18].

Visit the reported judgement: Horizon Housing Company v Ross [2020] QCAT 41