Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 308E

308E Effect of notice ending tenancy interest if more than 1 tenant

(1) This section applies if—

(a) a tenant (the
"vacating tenant" ) gives the lessor a notice ending tenancy interest; and

(b) the vacating tenant is not the sole tenant for the residential tenancy agreement.

(2) The vacating tenant’s interest in the residential tenancy agreement ends on the later of the following days—

(a) the day that is 7 days after the notice ending tenancy interest is given to the lessor;

(b) the day the tenant vacates the premises.

Note—

See section 125 and chapter 2 , part 3 , division 3 , subdivision 3A in relation to the vacating tenant applying to the authority for payment of the rental bond for the residential tenancy agreement.

(3) After the vacating tenant’s interest in the residential tenancy agreement ends, the lessor must give each remaining tenant for the agreement a written notice (a
"continuing interest notice" ) stating—

(a) the vacating tenant’s interest in the agreement has ended; and

(b) the agreement continues for the remaining tenant, and any other remaining tenants, on the same terms; and

(c) if the remaining tenants are required to top up the rental bond under section 308F —

(i) the remaining tenants are required to top up the rental bond; and

(ii) the amount the remaining tenants must pay to top up the rental bond; and

(iii) the day by which the top up must be made.

(4) The day stated in the continuing interest notice under subsection (3) (c) (iii) must not be earlier than 1 month after the notice is given to all of the remaining tenants.

(5) The lessor must give all of the remaining tenants the continuing interest notice—

(a) no later than 14 days after the vacating tenant’s interest ends; but

(b) not earlier than 7 days after the vacating tenant’s interest ends.

(6) To remove any doubt, it is declared that after the vacating tenant’s interest in the residential tenancy agreement ends, the agreement continues on the same terms but with the parties to the agreement being the lessor and the remaining tenants.