Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 127

127 Relief against notice to effect decorative repairs

(1) After a notice is served on a lessee relating to the internal decorative repairs to a house or other building, the lessee may apply to the court for relief, and if, having regard to all the circumstances of the case (including in particular the length of the lessee’s term or interest remaining unexpired), the court is satisfied that the notice is unreasonable, it may, by order, wholly or partially relieve the lessee from liability for such repairs.

(2) This section does not apply—

(a) where the liability arises under an express covenant or agreement to put the property in a decorative state of repair and the covenant or agreement has never been performed; or

(b) to any matter necessary or proper—

(i) for putting or keeping the property in a sanitary condition; or

(ii) for the maintenance or preservation of the structure; or

(c) to any statutory liability to keep a house in all respects reasonably fit for human habitation; or

(d) to any covenant or stipulation to yield up the house or other building in a specified state of repair at the end of the term.

(3) This section applies whether the notice is served before or after the commencement of this Act, and has effect despite any stipulation to the contrary.

(4) The rights and powers conferred by this section are in addition to and not in derogation of any right to relief or power to grant relief had apart from this section.