Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 243

243 End of tenant’s occupation

(1) This section applies if—

(a) a person who is not the tenant under an agreement is occupying the premises; and

(b) the tenant dies or otherwise ceases to occupy the premises; and

(c) the lessor is not the State.

(2) The person may apply to a tribunal for the following orders—

(a) an order to be recognised as the tenant under the agreement;

(b) an order to be joined as a party to a proceeding before the tribunal about the premises.

(3) The application may be made—

(a) when making another application to, or in a proceeding before, the tribunal; or

(b) independently of another application or proceeding.

(4) In deciding the application, the tribunal may make the following orders—

(a) an order recognising the person as the tenant under the agreement;

(b) an order joining the person as a party to a proceeding before the tribunal.

(5) If the tribunal makes an order under subsection (4) (a) , it may make any other order it considers appropriate.

Example of an order under subsection (5)—

an order about the application of the terms of the agreement, or other terms, to the person as tenant

(6) A person in whose favour an order is made under subsection (4) (a) is taken to be the tenant under the agreement on the terms the tribunal orders.

(7) The tribunal may not make an order under this section without giving the lessor an opportunity to be heard on the application.