Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 24

24 Liability of lessee

(1) This section applies if—

(a) an owner of land is liable to contribute to carrying out fencing work for a sufficient dividing fence (the
"owner’s share" ); and

(b) a lessee, other than a lessee under the Retail Shop Leases Act 1994 , has a lease of the land from the owner.

(2) If, at the time the fencing work is carried out, the unexpired term of the lease is the number of years mentioned in column 1 of the following table—

(a) the owner is liable for the percentage of the owner’s share mentioned in column 2 of the table; and

(b) the lessee is liable for the percentage of the owner’s share mentioned in column 3 of the table.

	Column 1 Length of unexpired term of lease	Column 2 Liability of owner	Column 3 Liability of lessee
	less than 5 years	100%	0%
	5 or more but less than 7 years	75%	25%
	7 or more but less than 12 years	50%	50%
	12 or more years	0%	100%

(3) However, the lessee is liable to contribute only if the owner gives the lessee, as soon as practicable, a copy of a notice the owner gives or is given under this chapter for the land.

(4) If the owner gives the lessee a notice under subsection (3) , for this chapter—

(a) there is no agreement between the owner and the adjoining owner without the lessee’s agreement; and

(b) the lessee has the same rights as the owner for a proceeding before QCAT.

(5) If the lessee pays an amount more than the lessee is required to pay under this section, the lessee may—

(a) recover the excess paid from the owner; or

(b) set off the excess against any rent payable to the owner.

(6) In this section—

"owner" does not include the following—

(a) the State;

(b) a local government;

(c) an owner under section 14 (1) (b) .