The majority held that a tribunal exercising discretion under s 94 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) may take into account the quantum of concessional rent payable by a tenant in deciding whether to order a rent decrease, though the dissent considered this an irrelevant consideration. The test in s 137 of the QCAT Act (reopening grounds) is a useful guide but not a rigid test for the admission of further evidence on appeal to the Appeal Tribunal. The question of whether concessional rent is a relevant consideration under s 94 remains contested given the dissent.
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