Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 347A

347A Serious breach

(1) If an application is made to the tribunal for a termination order because of serious breach, the tribunal may make the order if satisfied—

(a) the applicant has established the grounds for making the application under section 297B (1) ; and

(b) the relevant action justifies terminating the residential tenancy agreement.

(2) In deciding if the relevant action justifies terminating the residential tenancy agreement, the tribunal must have regard to the following matters—

(a) the damage done to the premises and inclusions by the relevant action, including the likely cost of the damage compared to the rental bond for the premises;

(b) whether the relevant action was recurrent and, if it was recurrent, the frequency of the recurrences;

(c) the adverse effects the relevant action had on any person, including physical harm and financial loss.

(3) In deciding the application, the tribunal may have regard to any other matter the tribunal considers relevant.

(4) In this section—

"relevant action" , for an application to the tribunal for a termination order because of serious breach, means an action of a person constituting the grounds for making the application under section 297B (1) .