Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 131

131 Occupier may discharge owner’s obligations

(1) This section applies if—

(a) the owner of a property fails—

(i) to take the action in relation to the property that is required under a remedial notice; or

(ii) to pay money that is payable in relation to the property under a local government related law (including rates, for example); and

(b) the occupier of the property is not the owner of the property.

(2) The occupier of the property may—

(a) take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or

(b) pay the money that is payable, and recover the money as a debt payable by the owner.

(3) For example, if the occupier is the owner’s tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement.