Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 18

18 Accrual of right of action in cases of certain tenancies

(1) A tenancy at will shall, for the purposes of this Act, be deemed to be determined at the expiration of a period of 1 year from the commencement thereof unless it has previously been determined and accordingly the right of action of the person entitled to land subject to the tenancy shall be deemed to have accrued on the date of its determination.

(2) A tenancy from year to year or other period without a lease in writing shall, for the purposes of this Act, be deemed to be determined at the expiration of the first year or other period and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on the date of its determination.

(2A) Where rent has subsequently been received in respect of a tenancy to which subsection (2) applies, the right of action shall be deemed to have accrued on the date the rent was last received.

(3) Where a person is in possession of land by virtue of a lease in writing by which a rent of not less than $2 per annum is reserved and the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease and no rent is subsequently received by the person rightfully so entitled, the right of action of the last named person to recover the land shall be deemed to have accrued on the date when the rent was first received by the person wrongfully claiming and not on the date of the determination of the lease.