Queensland Consolidated Acts

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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 278

Acceptance of rent does not operate as waiver of tenant’s breach

278 Acceptance of rent does not operate as waiver of tenant’s breach

(1) If the lessor makes a demand for, takes a proceeding for the recovery of, or accepts, rent payable under the agreement, the lessor’s action—
(a) does not operate as a waiver of—
(i) a breach of the agreement by the tenant; or
(ii) a notice to leave given to the tenant by the lessor for an unremedied breach; and
(b) is not evidence of the creation of a new tenancy.
(2) Despite subsection (1) , if the lessor gives the tenant a notice to remedy breach under section 280 for a breach of the agreement relating to a failure to pay rent, acceptance by the lessor of the total amount of rent required under the notice to be paid to remedy the breach operates as a waiver of the breach.
(3) Subsection (2) applies only if the amount mentioned in the subsection is tendered by the tenant to the lessor within the allowed remedy period.



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