Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 220

220 Orders of tribunal about reimbursement or payment for emergency repairs

(1) This section applies if the tenant makes a requirement of the lessor under section 219 for the reimbursement or payment of an amount for emergency repairs.

(2) If the lessor objects to the requirement, the lessor may, within 7 days after the requirement is made, apply to a tribunal for an order about the reimbursement or payment.

(3) If, within the 7 day period, the lessor does not comply with the requirement or make the application, the tenant may apply to a tribunal for an order about the reimbursement or payment.

(4) An application under subsection (2) must be decided by a tribunal, but an application under subsection (3) may be decided by a tribunal or registrar.

(5) However, a registrar may decide an application only if—

(a) the registrar is satisfied the tenant has given to the lessor appropriate documents to support the incurring of the amount for which reimbursement or payment is sought; and

(b) the lessor has not made an application under subsection (2) ; and

(c) the registrar is satisfied a tribunal has not been notified of a dispute between the parties about the amount.

Examples of appropriate documents for subsection (5)(a)—

invoices, accounts and receipts

(6) If an application is made under subsection (2) or (3) , a tribunal or registrar may make any order or give any directions about the reimbursement or payment the tribunal or registrar considers appropriate in all the circumstances of the case.

(7) In deciding an application under subsection (2) or (3) , the tribunal or registrar may have regard to—

(a) whether the tenant obtained a number of quotations for the repairs; and

(b) whether the repairs were necessary because of a breach of a term of the agreement by the tenant.

(8) Subsection (7) does not limit the issues to which the tribunal or registrar may have regard.