Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 107

107 Rent decreases because of resident’s absence

(1) This section applies to a rooming accommodation agreement if either of the following is not provided to the resident because of the resident’s absence—

(a) a personal care service;

(b) a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.

(2) The provider and the resident may agree to a reduction in rent for the period of the absence.

(3) If the provider and the resident can not agree on a reduction in rent for the period of the absence, the resident may apply to a tribunal for an order decreasing the rent by a stated amount for the period.

(4) On an application under this section a tribunal may make the order it considers appropriate.

(5) Before making an order the tribunal must have regard to the following—

(a) any special term of the agreement in relation the matter;

(b) the reason for the absence;

(c) the length of the absence;

(d) whether the resident gave the provider notice of the absence;

(e) whether the resident was able to give the provider notice of the absence;

(f) if the resident gave the provider notice of the absence—the length of the notice;

(g) the impact of any reduction of rent on the provider or other residents.