Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 178

178 Certain terms about penalties and other payments void

(1) A term of an agreement is void to the extent it provides that, if the resident breaches the agreement or this or another Act, the resident is liable to pay—

(a) all or a part of the rent remaining payable under the agreement; or

(b) increased rent; or

(c) an amount as a penalty; or

(d) an amount as liquidated damages.

(2) Despite subsection (1) , a term of a fixed term agreement is not void to the extent it provides that, if the resident terminates the agreement other than in a way permitted under this Act, the resident is liable to pay the reasonable costs incurred by the provider in reletting the resident’s room.

(3) Subsection (2) applies to a term only if the only reference in the term to the amount payable by the resident is a reference to the reasonable costs incurred by the provider in reletting the resident’s room.

(4) A provider or provider’s agent must not require a resident to enter into an agreement containing a term that is void under subsection (1) .

Penalty—

Maximum penalty for subsection (4) —20 penalty units.