RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008

Queensland Consolidated Acts

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- As at 1 July 2023
- Act 73 of 2008

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement
3. Act binds all persons
4. Rights and remedies of persons

PART 2 - OBJECTS OF ACT

5. Objects of Act

PART 3 - INTERPRETATION

Division 1 - Location of definitions

6. Definitions and dictionary

Division 2 - Meaning of key terms for residential tenancies

7. Caravan
8. Lessor
9. Premises
10. Residential premises
11. Residential tenancy
12. Residential tenancy agreement
13. Tenant

Division 3 - Meaning of key terms for rooming accommodation

14. Resident
15. Rooming accommodation
16. Rooming accommodation agreement
17. Provider

Division 4 - Prescribed minimum housing standards

17A. Prescribed minimum housing standards

PART 4 - APPLICATION AND OPERATION OF ACT

Division 1 - Matters relating to residential tenancies and rooming accommodation

18. Opting in as residential tenancy agreement
19. References to agreements
20. Reference to lessors and tenants
21. Reference to providers and residents
22. References to premises
23. References to tenancies
24. Provision stating that lessor or lessor’s agent or provider or provider’s agent must do something
25. Lessor’s or provider’s agent
26. State as lessor
27. Application of Property Law Act to agreements
28. Minor has capacity to enter into agreements

Division 2 - Residential tenancy agreements to which this Act applies and does not apply

29. Act applies to certain residential tenancy agreements etc.
30. Contracts of sale and mortgages
31. Premises used for holidays
32. Boarders and lodgers
33. Educational institutions
34. Hospitals, nursing homes and retirement villages
35. Rental purchase plan agreements
36. Temporary refuge accommodation
37. Agreements under Manufactured Homes (Residential Parks) Act 2003
38. Headleases for employee housing
39. Headleases for affordable housing agreements
40. Hotels and motels
41. Headleases for approved supported accommodation
42. (Repealed)

Division 3 - Rooming accommodation agreements to which this Act applies and does not apply

43. Act applies to certain rooming accommodation agreements etc.
44. Rooming accommodation agreements to which Act does not apply

Division 4 - Moveable dwelling premises

45. Application of div 4
46. Purpose of division
47. Short tenancy statements
48. Extending short tenancy statements
49. Setting aside short tenancy (extension) statements
50. Short tenancies
51. Long tenancies

CHAPTER 2 - RESIDENTIAL TENANCY AGREEMENTS AND ROOMING ACCOMMODATION AGREEMENTS

PART 1 - AGREEMENTS

Division 1 - Residential tenancy agreements

Subdivision 1 - General provisions

52. Terms of agreements include duties under Act etc.
53. Contracting out prohibited
54. Inconsistency
55. Standard terms
56. Special terms
57. Offer of residential tenancy must be for rent at a fixed amount
57A. Offer of residential tenancy must disclose particular information
58. Lessor must give particular information to prospective tenant
59. Restriction on amounts that may be taken from prospective tenant
60. Orders of tribunal relating to noncompliance with s 58 or 59
61. Written agreements required
62. Giving, signing and keeping written agreement
63. Period lessor or lessor’s agent must keep agreement
64. Orders of tribunal about giving and signing written agreement

Subdivision 2 - Associated documents

65. Condition report at start of tenancy
66. Condition report at end of tenancy
67. Information statement
68. Park rules
69. Body corporate by-laws

Subdivision 3 - Fixed term agreements

70. Continuation of fixed term agreements
71. Tenant may apply to tribunal about significant change in subsequent agreement

Division 2 - Rooming accommodation agreements

Subdivision 1 - General provisions

72. Terms of agreement include obligations under Act etc.
73. Standard terms
74. Special terms
75. Contracting out prohibited
76. Inconsistency
76A. Offer of rooming accommodation must disclose particular information
76B. Provider must give particular information to prospective resident
77. Written agreement required
78. Resident’s copy of agreement
79. Period provider or provider’s agent must keep agreement

Subdivision 2 - Associated documents

80. Application of sdiv 2
81. Condition report at start of rooming accommodation

Subdivision 3 - Fixed term agreements

82. Continuation of fixed term agreement

PART 2 - RENT

Division 1 - Residential tenancy agreements

83. How rent to be paid
84. Tenant must be given choices of approved ways for payment of rent and be advised about associated costs
85. Where rent to be paid
86. Payment of rent by electronic transaction
87. Rent in advance
88. Receipts and other records
89. Keeping of records
90. False, misleading or incomplete rent records
91. Rent increases
92. Tenant’s application to tribunal about rent increase
93. Minimum period before rent can be increased
94. Rent decreases
95. Seizure of tenant’s goods for rent etc.
96. Rent payment must not be applied for any other purpose
97. Apportionment

Division 2 - Rooming accommodation agreements

98. How rent is to be paid
99. Resident must be given choices of approved ways for payment of rent and be advised about associated costs
100. Where rent is to be paid
101. Rent in advance
102. Receipts and other records
103. Keeping of records
104. False, misleading or incomplete rent records
105. Rent increases
105A. Resident’s application to tribunal about rent increase
105B. Minimum period before rent can be increased
106. Rent decreases for matters including loss of amenity or service
107. Rent decreases because of resident’s absence
108. Seizure of resident’s goods for rent etc.
109. Apportionment

PART 3 - RENTAL BONDS

Division 1 - Application of part

110. Application of part

Division 2 - Payments to authority

111. Meaning of rental bond
112. Meaning of maximum rental bond
113. Who is a contributor for a rental bond
114. Bond loan contributor
115. Share of a rental bond
116. Duty to pay rental bond
117. Duty to pay rental bond instalments under residential tenancy agreement
118. Duty to pay rental bond instalments under rooming accommodation agreement
119. Duty to pay rental bond if financial protection given
120. Acknowledging receipt of rental bond
121. No entitlement to interest
122. Continuance of rental bond

Division 3 - Payments by authority

Subdivision 1 - Preliminary

123. Purpose of division
124. Making payment
125. Application for payment

Subdivision 2 - Payment of bond if only 1 contributor

126. Application of sdiv 2
127. Joint application by contributor and lessor or provider
128. Application only by lessor or provider
129. Application only by contributor

Subdivision 3 - Payment of bond if more than 1 contributor

130. Application of sdiv 3
131. Joint application by every contributor and the lessor or provider
132. Joint application by some contributors and the lessor or provider
133. Application only by lessor or provider
134. Application made only by all contributors
135. Application only by some contributors

Subdivision 3A - Payment of bond if applicant affected by domestic violence

135A. Application of subdivision
135B. Joint application by contributor and lessor or provider
135C. Application only by lessor or provider
135D. Application only by contributor

Subdivision 4 - General process for payment of rental bond if interested persons for the payment

136. Notice of application for payment of rental bond
136A. Response by interested person to application for payment of rental bond
136B. Application to tribunal if conciliation process ends without conciliated resolution
136C. Extension of time to apply to tribunal
136D. Tribunal order about payment of rental bond
136E. Payment of rental bond after dispute resolution process
137. Payment under tribunal order
138. Payment to rental bond supplier
139. Limitation affecting early payment
140. Withdrawal of application
141. Payment under person’s direction

Subdivision 5 - Payment by authority in stated circumstances if bond loan contributor

142. Application of sdiv 5
143. Chief executive taken to be interested person
144. Sdivs 3, 3A and 4 apply subject to this subdivision

Division 4 - Enforcement provisions

145. Receipt
146. Payments above maximum amount
147. Order for payment if guilty of offence
148. Order for return of bond if bond wrongfully taken

Division 5 - Rental bond account

149. (Repealed)
150. Rental bond account
151. Unclaimed amounts in rental bond account
152. (Repealed)
153. Guaranteed payment of rental bonds

Division 6 - Miscellaneous

154. Increase in rental bond
155. Rental bond resulting from rent decrease

PART 4 - KEY AND HOLDING DEPOSITS FOR RESIDENTIAL TENANCIES

Division 1 - Key deposits

156. Payment of key deposits
157. Receipts for key deposits
158. Refunding key deposit

Division 2 - Holding deposits

159. Payment of holding deposits
160. Receipts for holding deposits
161. Rights and obligations about holding deposits
162. Orders of tribunal

PART 5 - OUTGOINGS OF LESSOR OR PROVIDER

Division 1 - Residential tenancy agreements

Subdivision 1 - Outgoings other than service charges

163. Outgoings other than service charges

Subdivision 2 - Service charges

164. Meaning of service charge
165. General service charges for premises other than moveable dwelling premises
166. Water service charges for premises other than moveable dwelling premises
167. Service charges for moveable dwelling premises individually metered
168. Service charges absorbed in rent for moveable dwelling premises
169. Orders of tribunal

Division 2 - Rooming accommodation agreements

170. Charge for utility service

PART 6 - PENALTIES AND PREMIUMS FOR RESIDENTIAL TENANCY AGREEMENTS AND ROOMING ACCOMMODATION AGREEMENTS

Division 1 - Residential tenancy agreements

171. Supply of goods and services
172. Incentive amounts prohibited
173. Certain terms about penalties and other payments void
174. Terms about rent reductions etc.
175. Premiums for letting moveable dwelling premises

Division 2 - Rooming accommodation agreements

176. Supply of goods and services
177. Incentive amounts prohibited
178. Certain terms about penalties and other payments void
179. Terms about rent reductions etc.

PART 7 - TENANCY GUARANTEES

180. Tenancy guarantees

CHAPTER 3 - RIGHTS AND OBLIGATIONS OF PARTIES FOR RESIDENTIAL TENANCIES

PART 1 - OCCUPATION AND USE OF THE PREMISES

181. Legal impediments to occupation as residence
182. Vacant possession
183. Quiet enjoyment
184. Tenant’s use of premises

PART 1A - PETS

Division 1 - Preliminary

184A. Definitions for part

Division 2 - Keeping pets and other animals at premises

184B. Keeping pets and other animals at premises
184C. Tenant responsible for pets and other animals

Division 3 - Approvals, refusals and conditions for keeping pets at premises

184D. Request for approval to keep pet at premises
184E. Grounds for refusing pets being kept at premises
184F. Conditions for approval to keep pet at premises
184G. Continuation of authorisation to keep pet or working dog at premises

PART 2 - GENERAL STANDARD OF THE PREMISES

185. Lessor’s obligations generally
186. Lessor’s obligations for facilities in moveable dwelling parks
187. Lessor’s obligations for moveable dwelling site
188. Tenant’s obligations generally
189. Tenant’s obligations for facilities in moveable dwelling parks
190. Tenant’s obligation for moveable dwelling site
191. Orders of tribunal

PART 3 - LESSOR’S RIGHT OF ENTRY

192. Grounds for entry
193. Notice of entry
194. Entry by lessor or lessor’s agent with another person
195. When lessor or lessor’s agent may enter
196. Period for entry must be stated for entry by lessor and lessor’s agent without another person
197. Entry to show premises to a prospective tenant
198. Entry to show premises to a prospective buyer
199. Entry by secondary agents generally
200. Rules of entry
201. Entry by lessor or lessor’s agent under order of tribunal
202. Unlawful entry of premises
203. Lessor or lessor’s agent must not use photo or image showing tenant’s possessions in advertisement
204. Lessor or lessor’s agent must not conduct open house or on-site auction without tenant’s consent

PART 4 - PERSONAL DETAILS OF THE PARTIES AND AGENTS

205. Tenant’s name and other details
206. Lessor’s or agent’s name and other details

PART 5 - THE DWELLING

Division 1 - Fixtures and structural changes

207. Attaching fixtures and making structural changes
208. Agreement about fixtures and structural changes
209. Attaching fixture or making structural change without lessor’s agreement

Division 2 - Locks and keys

210. Supply of locks and keys
211. Changing locks
212. Agreement about changing locks
213. Orders of tribunal

Division 3 - Damage and repairs

214. Meaning of emergency repairs
215. Meaning of routine repairs
216. Nominated repairer for emergency repairs
217. Notice of damage
218. Tenant may arrange for emergency repairs to be made or may apply to the tribunal for an order about the repairs
219. Costs of emergency repairs arranged by tenant
219A. Lessor’s agent may arrange for emergency repairs to be made
220. Orders of tribunal about reimbursement or payment for emergency repairs
221. Application for repair order
221A. Granting repair order
221B. Extension of time to comply with repair order
221C. Offence to contravene repair order

PART 6 - ADDITIONAL PROVISIONS FOR MOVEABLE DWELLING PREMISES

Division 1 - Application of part

222. Application of pt 6

Division 2 - Relocation

223. Notice to relocate
224. Restriction against enforcing relocation
225. Effect of relocation
226. Costs of relocation
227. Application to tribunal

Division 3 - Park rules

228. Park rules
229. Notice of proposed change of park rule
230. Objection to proposal
231. Park liaison committee
232. Consideration of objections by committee
233. Application to tribunal about proposal
234. Decision of tribunal about proposal
235. When proposal takes effect
236. When changes of park rules have no effect

PART 7 - CHANGE OF LESSOR OR TENANT

Division 1 - Transfer or subletting by tenant

237. Tenant’s action subject to lessor’s unqualified discretion
238. Tenant’s action subject to lessor’s qualified discretion
239. Order of tribunal about transfer or subletting
240. Lessor’s expenses for transfer or subletting
241. Lessor’s fee for sale of caravan

Division 2 - Transfer by lessor

242. Transfer by lessor

Division 3 - Replacement of tenant

243. End of tenant’s occupation
244. Death of a cotenant
245. Injury to domestic associate
246. Injury or damage affecting occupants

PART 8 - RETALIATION

246A. Retaliatory action taken against tenant

CHAPTER 4 - RIGHTS AND OBLIGATIONS OF PARTIES FOR ROOMING ACCOMMODATION

PART 1 - RIGHTS AND OBLIGATIONS GENERALLY

247. Provider’s obligations generally
248. Provider’s or agent’s name and other details
249. Quiet enjoyment
250. Supply of locks and keys
251. Changing locks
252. Application to tribunal about lock or key
253. Resident’s obligations generally
254. Attaching fixtures and making structural changes
255. Agreement about fixtures and structural changes
256. Attaching fixture or making structural change without provider’s agreement

PART 1A - PETS

Division 1 - Preliminary

256A. Definitions for part

Division 2 - Keeping pets and other animals in resident’s rooms

256B. Keeping pets and other animals in resident’s rooms
256C. Resident responsible for pets and other animals

Division 3 - Approvals, refusals and conditions for keeping pets in residents’ rooms

256D. Request for approval to keep pet in resident’s room
256E. Grounds for refusing pets being kept in resident’s room
256F. Conditions for approval to keep pet in resident’s room
256G. Continuation of authorisation to keep pet or working dog in resident’s room

PART 2 - ENTRY TO RESIDENTS’ ROOMS

257. Entry with resident’s agreement
258. Entry to carry out inspection
259. Entry after giving notice
260. Entry without notice
261. General qualifications about entry
262. Entry by provider’s agent or other person
263. Rules of entry
264. Entry by provider or provider’s agent under order of tribunal
265. Unlawful entry of resident’s room

PART 3 - HOUSE RULES

Division 1 - General

266. House rules
267. Prescribed rules
268. Rules made by the provider

Division 2 - Rule changes

269. Meaning of rule change
270. Notice of proposed rule change
271. Withdrawal of proposed rule change
272. Objection to proposed rule change
273. Application to tribunal about proposed rule change
274. Application to tribunal by resident about existing rule

Division 3 - Publication of house rules

275. Proposed resident to be given a copy of house rules
276. Display of house rules

PART 4 - RETALIATION

276A. Retaliatory action taken against resident

CHAPTER 5 - ENDING OF AGREEMENTS

PART 1 - ENDING OF RESIDENTIAL TENANCY AGREEMENTS

Division 1 - General

277. Ending of residential tenancy agreements
278. Acceptance of rent does not operate as waiver of tenant’s breach
279. Offer or payment of rent does not operate as waiver of lessor’s breach

Division 2 - Action by lessor

Subdivision 1 - Notices to remedy breach given by lessor

280. Notice to remedy tenant’s breach

Subdivision 2 - Notices to leave premises given by lessor

281. Notice to leave for unremedied breach
282. Notice to leave for tenant’s noncompliance with tribunal order
283. Notice to leave for noncompliance (moveable dwelling relocation)
284. Notice to leave if agreement frustrated
285. Notice to leave if agreement frustrated (moveable dwelling premises)
286. Notice to leave if premises being sold
287. Notice to leave if closure of moveable dwelling park involved
288. Notice to leave if tenant’s employment ends or entitlement to occupy under employment ends
289. Notice to leave if tenant’s entitlement to supported accommodation ends
290. Notice to leave if tenant’s entitlement under affordable housing scheme ends
290A. Notice to leave because of serious breach at public or community housing
290B. Notice to leave for State government program
290C. Notice to leave for planned demolition or redevelopment
290D. Notice to leave for significant repair or renovations
290E. Notice to leave for change of use
290F. Notice to leave if entitlement to student accommodation ends
290G. Notice to leave for owner occupation
291. Notice to leave for end of fixed term agreement
292. (Repealed)

Subdivision 3 - Applications for termination by lessor

293. Application for termination for failure to leave
294. Application for termination for failure to leave as intended
295. Application for termination for excessive hardship
296. Application for termination for damage or injury
296A. Application for termination for damage or injury in public or community housing
297. Application for termination for tenant’s objectionable behaviour
297A. Application for termination for objectionable behaviour in public or community housing
297B. Application for termination because of serious breach
298. Application for termination for incompatibility
299. Application by lessor for termination for repeated breaches by tenant
300. Application for interim order about damage or injury

Division 3 - Action by tenant

Subdivision 1 - Notices to remedy breach given by tenant

301. Notice to remedy lessor’s breach

Subdivision 2 - Notices of intention to leave premises given by tenant

302. Notice of intention to leave for unremedied breach
303. Waiver of breach
304. Notice of intention to leave for lessor’s noncompliance with tribunal order
305. Notice of intention to leave if agreement frustrated
306. Notice of intention to leave if agreement frustrated (moveable dwelling premises)
307. Notice of intention to leave if premises being sold
307A. Notice of intention to leave because of condition of premises
307B. Notice of intention to leave because of death of cotenant
307C. Notice of intention to leave if entitlement to student accommodation ends
307D. Notice of intention to leave because of failure to comply with repair order
308. Notice of intention to leave without ground

Subdivision 2A - Domestic violence

308A. Victim’s right to leave
308B. Notice ending tenancy interest
308C. Lessor’s response to notice ending tenancy interest
308D. Effect of notice ending tenancy interest if sole tenant
308E. Effect of notice ending tenancy interest if more than 1 tenant
308F. Top ups of rental bond
308G. Particular costs not recoverable
308H. Application to tribunal about notice ending tenancy interest
308I. Confidentiality

Subdivision 3 - Applications for termination by tenant

309. Application for termination for failure of lessor to remedy breach
310. Application for termination for excessive hardship
311. Application for termination for damage or injury
312. Application by cotenant for termination for damage or injury
312A. Application for termination because of misrepresentation
313. Application for termination for lessor’s objectionable behaviour
314. Application for termination for incompatibility
315. Application by tenant for termination for repeated breaches by lessor
316. Application for interim order about damage or injury

Division 4 - Action by other persons

Subdivision 1 - Mortgagees

317. Notice about proposed action of mortgagee
318. Acceptance of rent does not operate as consent
319. Tenant not liable for loss if tenant vacates or is removed from premises after receiving notice from mortgagee
320. Tenant not liable for loss if rent paid to mortgagee

Subdivision 2 - Other persons

321. Application by tenant’s domestic associate for termination for damage or injury
322. Application by occupant for termination for damage or injury
323. Application for interim order about damage or injury
324. References to applications

Division 4A - Death of sole tenant

324A. Death of sole tenant

Division 5 - Procedural requirements for action taken by lessor or tenant

325. Notice to remedy breach
326. Notice to leave
327. Notice of intention to leave
328. Allowed remedy period
329. (Repealed)
330. (Repealed)
331. (Repealed)
332. (Repealed)
333. Withdrawing notice to leave for unremedied breach
334. Withdrawing notice of intention to leave
335. Applications for termination orders
336. Applications to tribunal

Division 6 - Orders of tribunal

337. Failure to leave for unremedied breach
338. Failure to leave for noncompliance (tribunal order)
339. Failure to leave for noncompliance (moveable dwelling relocation)
340. Failure to leave for other grounds
341. (Repealed)
342. Failure to leave as intended
343. Excessive hardship
344. Damage or injury
345. Objectionable behaviour other than in public or community housing
345A. Objectionable behaviour in public or community housing
346. Incompatibility
347. Repeated breaches
347A. Serious breach
347B. Misrepresentation
348. Interim order about damage or injury
349. Defects in notices
349A. How tribunal must deal with public or community housing tenant

Division 7 - Recovery of possession of premises

350. Issue of warrant of possession
351. Warrant of possession
352. Execution of warrant of possession
353. Limited ways of recovering possession of premises from tenants
354. Obstruction of person executing warrant of possession

Division 8 - Abandonment

355. Termination of agreement by lessor if premises abandoned
356. Dispute about abandonment termination notice
357. Order about abandonment

Division 9 - Compensation

357A. Reletting costs
358. Tenant remaining in possession
359. Compensation on abandonment termination notice
360. Compensation on termination by tribunal
361. Review of abandonment order
362. Duty to mitigate loss or expense

Division 10 - Goods and documents left behind on premises

363. Goods left on premises
364. Documents left on premises
365. Application about goods left on premises

Division 11 - Offences

365A. False or misleading information in notice to leave
365B. Lessor must not let premises for 6 months after ending tenancy for premises being sold
365C. Lessor must not let premises for 6 months after ending tenancy for change of use
365D. Lessor must not let premises for 6 months after ending tenancy for owner occupation

PART 2 - ENDING OF ROOMING ACCOMMODATION AGREEMENTS

Division 1 - General

366. Ending of rooming accommodation agreements
367. Purporting to terminate agreement in unauthorised way

Division 2 - Action by provider

Subdivision 1 - Notices to remedy breach given by provider

368. Notice to remedy resident’s breach

Subdivision 2 - Notices to leave given by provider

369. Notice to leave because of failure to remedy breach
370. Notice to leave immediately because of serious breach
371. Notice to leave if premises destroyed etc.
371A. Notice to leave if rental premises being sold
371B. Notice to leave for planned demolition or redevelopment
371C. Notice to leave because of significant repair or renovations
371D. Notice to leave for change of use
371E. Notice to leave if entitlement to student accommodation ends
372. Notice to leave for end of fixed term agreement
373. (Repealed)
374. Notice to leave if resident’s employment ends or entitlement to occupy under employment ends
375. Power to remove resident

Subdivision 3 - Applications for termination by provider

376. Application by provider for termination for repeated breaches by resident
377. Application by provider to terminate fixed term agreement because of excessive hardship

Division 3 - Action by resident

Subdivision 1 - Notices to remedy breach given by resident

378. Notice to remedy provider’s breach

Subdivision 2 - Notices terminating agreement given by resident

379. Notice terminating fixed term agreement because of failure to remedy breach
380. Notice terminating agreement if premises destroyed etc.
380A. Notice terminating agreement because of condition of rental premises
380B. Notice terminating agreement because of death of coresident
380C. Notice to leave if entitlement to student accommodation ends
381. Notice terminating agreement by resident without ground

Subdivision 2A - Domestic violence

381A. Victim’s right to leave
381B. Notice ending residency interest
381C. Provider’s response to notice ending residency interest
381D. Effect of notice ending residency interest if sole resident
381E. Effect of notice ending residency interest if more than 1 resident
381F. Top ups of rental bond
381G. Particular costs not recoverable
381H. Application to tribunal about notice ending residency interest
381I. Confidentiality

Subdivision 3 - Applications for termination by resident

381J. Application by resident for termination because of misrepresentation
382. Application by resident for termination for repeated breaches by provider
383. Application by resident to terminate fixed term agreement because of excessive hardship

Division 4 - Action by mortgagees

384. Notice about proposed action of mortgagee
385. Acceptance of rent does not operate as consent
386. Resident not liable for loss if resident vacates or is removed from premises after receiving notice under s 384
387. Resident not liable for loss if rent paid to mortgagee

Division 4A - Death of sole resident

387A. Death of sole resident

Division 5 - Procedural requirements and orders of tribunal

388. Applications for termination orders
389. Orders relating to repeated breaches
389A. Orders relating to misrepresentation

Division 6 - Goods or money left behind in premises

390. Application of div 6
391. Unauthorised dealing with lost property
392. Personal document or money
393. Item other than personal document or money
394. Personal document given to public trustee
395. Money given to public trustee
396. Application to tribunal about lost property

Division 7 - Compensation

396A. Reletting costs

Division 8 - Offences

396AA. False or misleading information in notice requiring resident to leave rental premises
396B. Provider must not let rental premises for 6 months after ending rooming accommodation for premises being sold
396C. Provider must not let rental premises for 6 months after ending rooming accommodation for change of use

CHAPTER 6 - DISPUTE RESOLUTION

PART 1 - CONCILIATION PROCESS FOR RESIDENTIAL TENANCY DISPUTES AND ROOMING ACCOMMODATION DISPUTES

Division 1 - Preliminary

397. Application of pt 1

Division 2 - Conciliation

398. Conciliation process
399. Some matters not suitable for conciliation
400. Appointment of conciliators
401. Functions of conciliators

Division 3 - Starting the conciliation process

402. Making dispute resolution request
403. Action to be taken on dispute resolution request

Division 4 - Conduct of conciliation process

404. Conciliation fee
405. Limited right of representation
406. Parties’ participation in conciliation process not compellable
407. Parties to conciliation process
408. Conciliation agreements
409. No record of conciliation process

Division 5 - Withdrawal of disputes

410. Withdrawal of disputes

Division 6 - Confidentiality, privilege and immunity

411. Conciliators to maintain secrecy
412. Ordinary protection and immunity allowed
413. Admissions made in conciliation process

PART 2 - APPLICATION TO TRIBUNALS

Division 1 - Application of part

414. Application of pt 2

Division 2 - Preliminary

414A. Applications to the tribunal
415. Meaning of urgent application
416. Dispute resolution request required before applying to tribunal
417. Reference to making of tribunal application includes making of dispute resolution request

Division 3 - General powers of tribunals

418. Application of Act to agreements
419. Applications about breach of agreements
420. Orders about breach of agreements
421. Matters to which tribunal must have regard for orders for compensation
422. Application of Aboriginal tradition
423. Application of Island custom
424. Disputes about tenants’ notices
425. Dispute about residents’ notices
426. Disputes about lessors’ notices
427. Dispute about providers’ notices
428. Dispute about entry to resident’s room or removal of resident
429. General disputes between lessors and tenants or providers and residents
430. Disputes between cotenants or coresidents about rental bonds
431. Different applications may be decided together
432. Joining applications
433. Relevant matters for deciding whether a person is a boarder or lodger
433A. Particular applications to be heard in private

CHAPTER 7 - ENFORCEMENT

PART 1 - AUTHORISED PERSONS

434. Authorised persons under this chapter
435. Appointment
436. Limitation of authorised person’s powers
437. Authorised person’s conditions of appointment
438. Authorised person’s identity card
439. Production or display of authorised person’s identity card

PART 2 - POWERS OF AUTHORISED PERSONS FOR PLACES

440. Entry to places
441. Warrants for entry
442. Warrants—applications made other than in person
443. Authorised person’s general powers for places

PART 3 - OTHER ENFORCEMENT MATTERS

444. Procedure after document seized
445. Power to require information from certain persons
446. False or misleading information
447. False or misleading documents
448. Authorised person to give notice of damage
449. Compensation
450. Agreement to entry
451. Evidence of agreement
452. Obstruction of authorised person
453. Impersonation of authorised person

CHAPTER 8 - CAUSING NUISANCE IN MOVEABLE DWELLING PARKS

454. Behaviour in moveable dwelling park causing serious nuisance
455. Application to tribunal for order to exclude person from park
456. Order of tribunal excluding person from park

CHAPTER 9 - TENANCY DATABASES

457. Definitions for ch 9
457A. References to lessors and tenants in ch 9
457B. Extra-territorial application of particular provisions of ch 9
458. Non-application to internal databases
458A. Notice of usual use of database
458B. Notice of listing if database used
459. Restriction on listing
459A. Ensuring quality of listing—lessors and lessors agents
459B. Ensuring quality of listing—database operators
459C. Providing copy of personal information listed
459D. Keeping personal information listed
460. Application to tribunal about breach
461. Application to tribunal about personal information listed
462. Application to tribunal about proposed listing
463. Offence of contravening tribunal order
464. Order for compensation

CHAPTER 10 - RESIDENTIAL TENANCIES AUTHORITY

PART 1 - ESTABLISHMENT OF AUTHORITY

465. Establishment of authority
466. Legal status of authority
467. Authority represents the State

PART 2 - FUNCTIONS AND POWERS OF AUTHORITY

468. Authority’s functions
469. Authority’s powers
470. Reserve power of Minister to give directions in public interest

PART 3 - THE BOARD

471. The board
472. Role of the board
473. Composition of board
474. Duration of appointment
475. Conditions of appointment

PART 4 - PROCEEDINGS OF THE BOARD

476. Time and place of meetings
477. Conduct of proceedings
478. Disclosure of interests
479. Minutes

PART 5 - FINANCIAL MATTERS

480. Application of Financial Accountability Act 2009
481. Authority is statutory body for Statutory Bodies Financial Arrangements Act 1982
482. Administration budget
482A. Banking arrangements for rental bond account

PART 6 - OTHER THINGS ABOUT THE AUTHORITY

483. Authority may enter into work performance arrangements
484. Seal
485. Application of certain Acts
486. Delegation

PART 7 - CHIEF EXECUTIVE OFFICER

487. Chief executive officer
488. Chief executive officer not to engage in other paid employment
489. Acting chief executive officer
490. Delegation by chief executive officer

CHAPTER 11 - RESIDENTIAL TENANCIES EMPLOYING OFFICE

PART 1 - ESTABLISHMENT AND FUNCTIONS OF EMPLOYING OFFICE

491. Establishment of employing office
492. Employing office represents the State
493. Functions of employing office

PART 2 - EXECUTIVE OFFICER

494. Appointment of executive officer
495. Executive officer acting for employing office
496. Delegation by executive officer

PART 3 - STAFF OF EMPLOYING OFFICE

497. Employing office may employ staff
498. Employing office may enter into work performance arrangements

PART 4 - OTHER PROVISIONS

499. Employing office is statutory body
500. Application of Crime and Corruption Act 2001

CHAPTER 12 - LEGAL PROCEEDINGS

PART 1 - APPLICATION

501. Application of ch 12

PART 2 - EVIDENCE

502. Appointments and authority
503. Signatures
504. Other evidentiary aids
505. Statement of complainant’s knowledge
506. Condition reports for residential tenancy
507. Condition report for rooming accommodation
508. Rental bonds
509. Indications a resident has abandoned a room

PART 3 - PROCEEDINGS

510. Summary offences
511. Attempts to commit offences
512. Responsibility for act or omission of representative
513. (Repealed)

PART 4 - OFFENCE ABOUT GIVING FALSE OR MISLEADING DOCUMENT TO AUTHORITY

514. False or misleading documents

CHAPTER 13 - MISCELLANEOUS

515. Authority may provide addresses to tribunal
516. Applications for more than prescribed amount
517. Protection from liability
518. Disclosure of interests
519. Approved forms
520. Regulation-making power
521. Non-application of Act to long-term leases on Hamilton Island
522. Non-application of Act to long-term leases for Hayman Island
523. Non-application of Act to long-term leases for Pacific Mirage
524. Non-application of Act to long-term leases within prescribed land
525. Giving notice to resident with impaired or limited capacity
526. Reporting a matter relating to the Residential Services (Accreditation) Act
527. Confidentiality

CHAPTER 13A - MATTERS RELATING TO PARTICULAR LEASES BY THE STATE AND COMMUNITY HOUSING PROVIDERS

527A. Definitions for ch 13A
527B. What is a community housing provider
527C. Existing State tenancy agreements and community housing provider tenancy agreements
527D. Acceptable behaviour agreements for tenants
527E. Application for termination relating to acceptable behaviour agreement
527F. State may charge bonds and service charges under existing State tenancy agreements

CHAPTER 14 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL PROVISIONS

528. Repeal of Residential Tenancies Act 1994
529. Repeal of Residential Services (Accommodation) Act 2002

PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 73 OF 2008

Division 1 - Interpretation

530. Definitions for pt 2

Division 2 - Transitional references

531. Application of div 2
532. References to Residential Tenancies Act 1994
533. References to Residential Services (Accommodation) Act 2002

Division 3 - The authority

534. Authority continues under this Act
535. Continuation of appointment of chief executive officer
536. Existing employees of authority

Division 4 - The authority’s board

537. The board

Division 5 - Employing office

538. Employing office continues under this Act
539. Continuation of appointment of executive officer
540. Existing employees of employing office

Division 6 - Authorised persons and conciliators

541. Authorised persons
542. Conciliators

Division 7 - Existing agreements

543. Existing agreements continue under this Act

Division 8 - Agreements to which repealed Acts would not have applied

544. Agreements to which repealed Acts did not apply or would not have applied
545. Contracts of sale��s 30

Division 9 - Rental bonds

546. Existing rental bonds
547. Rental bond held for agreements to which repealed Acts did not apply or would not have applied
548. Rental bonds held for premises or rooming accommodation on university campus
549. Payment of rental bond held when agreement under s 544(3) entered into

Division 10 - Notices given, or applications or requests made, by parties to agreements

550. Notices given, or applications or requests made, under repealed Act continue under that Act
551. Notices given, or applications or requests made, under this Act for matters happening before commencement

Division 11 - Other transitional provisions

552. Period stated in previous provision

PART 3 - SAVINGS AND TRANSITIONAL PROVISIONS FOR RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT ACT 2013

553. (Expired)
554. Notices given, and proceedings started, by the State
555. Notices given, and proceedings started, by the tenant
556. Applications by the State or community housing providers for particular termination orders
557. (Expired)

PART 4 - TRANSITIONAL PROVISIONS FOR PLUMBING AND DRAINAGE AND OTHER LEGISLATION AMENDMENT ACT 2016

558. Definitions for pt 4
559. Meaning of particular terms
560. Use of tenancy databases before commencement
561. Listings proposed to be made before commencement
562. Ensuring quality of existing listings
563. Providing copy of personal information for existing listings
564. Keeping existing listings in tenancy databases
565. Applications to tribunal about breach
566. Applications to tribunal about personal information listed
567. Applications to tribunal about proposed listings
568. Existing applications to tribunal

PART 5 - TRANSITIONAL PROVISIONS FOR HOUSING LEGISLATION AMENDMENT ACT 2021

569. Changes in processes not limited to relevant circumstances happening after the commencement
570. Incomplete processes to be completed under pre-amended Act
571. Pets previously approved for premises

PART 6 - TRANSITIONAL PROVISIONS FOR STATE PENALTIES ENFORCEMENT (MODERNISATION) AMENDMENT ACT 2022

572. Former rental bond interest account
573. Transfer of value of current investments into rental bond account
574. Balancing of rental bond account

PART 7 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL AND OTHER LEGISLATION (EXPENDITURE CAPS) AMENDMENT ACT 2023

575. Limit on frequency of rental increases applies to all agreements from 1 July 2023
576. Amendment of section 277
SCHEDULE 1
SCHEDULE 2

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