Queensland Consolidated Acts

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Tenant’s property in fixtures

155 Tenant’s property in fixtures

(1) Subject to this section—
(a) any engine, machinery, fencing or other fixture affixed to a holding by the tenant of the holding; and
(b) any building (other than one in respect of which the tenant is entitled to compensation under this Act or otherwise) erected by the tenant on the holding;
not being a fixture affixed or, as the case may be, a building erected under some obligation in that behalf or instead of some fixture or building belonging to the landlord, as the case may be, shall be removable by the tenant at any time during the continuance of the tenancy or before the expiration of 2 months from the termination of the tenancy, and shall remain the tenant’s property so long as the tenant may remove it because of this subsection.
(2) The right conferred by subsection (1) shall not be exercisable in relation to a fixture or building unless the tenant
(a) has paid all rent owing by the tenant and has performed or satisfied all the tenant’s other obligations to the landlord in respect of the holding; and
(b) has, at least 1 month before both the exercise of the right and the termination of the tenancy, given to the landlord notice in writing of the tenant’s intention to remove the fixture or building.
(3) If, before the expiration of the notice given under subsection (2) , the landlord gives to the tenant a counter-notice in writing electing to purchase a fixture or building comprised in the notice, subsection (1) shall cease to apply to that fixture or building, but the landlord shall be liable to pay to the tenant the fair value of that fixture or building to an incoming tenant of the holding.
(4) In the removal of a fixture or building because of subsection (1) , the tenant shall not do to any other building or other part of the holding any avoidable damage, and immediately after the removal shall make good all damage so done that is occasioned by the removal.
(5) This section applies—
(a) to a contract of tenancy entered into after the commencement of this Act; and
(b) subject to any agreement to the contrary contained in the contract of tenancy.

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