Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 246A

246A Retaliatory action taken against tenant

(1) This section applies if—

(a) any of the following apply—

(i) the tenant, or a representative entity, takes action to enforce the tenant’s rights, including, for example, by—

(A) giving the lessor a notice to remedy breach; or

(B) requesting repairs or maintenance to the premises or inclusions; or

(C) requiring the lessor to reimburse the tenant for an amount properly incurred by the tenant for emergency repairs; or

(D) applying to the tribunal for an order under this Act;

(ii) the lessor or lessor’s agent knows the tenant or a representative entity has complained to the authority or another government entity about an act or omission of the lessor that adversely affected the tenant;

(iii) an order of the tribunal is in force in relation to the lessor and tenant; and

(b) after a matter mentioned in paragraph (a) arises, the lessor—

(i) gives the tenant a notice to remedy breach, other than a notice relating to a failure to pay rent for at least 7 days; or

(ii) increases the rent payable under the residential tenancy agreement; or

(iii) takes action to end the residential tenancy agreement; or

(iv) refuses to enter into a further residential tenancy agreement, at the end of the current agreement, with the tenant.

(2) The tenant may apply to the tribunal for an order to set aside the lessor’s action if the tenant reasonably believes the action was taken to intimidate or punish the tenant for a matter mentioned in subsection (1) (a) .

(3) The application must be made within 1 month after the tenant becomes aware of the lessor taking the action.

(4) The tribunal may make the order sought if the tribunal is satisfied the lessor’s action was likely to have been taken by the lessor to intimidate or punish the tenant for a matter mentioned in subsection (1) (a) .

(5) The tenant may form a belief under subsection (2) , and the tribunal may be satisfied of a matter under subsection (4) , whether or not—

(a) the tenant was intimidated or suffered a punishment; or

(b) any person was convicted or found guilty of an offence against this Act.