Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 276A

276A Retaliatory action taken against resident

(1) This section applies if—

(a) any of the following apply—

(i) the resident takes action to enforce the resident’s rights, including, for example, by—

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

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

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

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

(iii) an order of the tribunal is in force in relation to the provider and resident; and

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

(i) gives the resident 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 rooming accommodation agreement; or

(iii) takes action to end the rooming accommodation agreement; or

(iv) refuses to enter into a further rooming accommodation agreement, at the end of the current agreement, with the resident.

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

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

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

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

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

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