Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 381E

381E Effect of notice ending residency interest if more than 1 resident

(1) This section applies if—

(a) a resident (the
"vacating resident" ) gives the provider a notice ending residency interest; and

(b) the vacating resident is not the sole resident for the rooming accommodation agreement.

(2) The vacating resident’s interest in the rooming accommodation agreement ends on the later of the following days—

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

(b) the day the resident vacates the rental premises.

Note—

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

(3) After the vacating resident’s interest in the rooming accommodation agreement ends, the provider must give each remaining resident for the agreement a written notice (a
"continuing interest notice" ) stating—

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

(b) the agreement continues for all of the remaining residents on the same terms; and

(c) if the remaining residents are required to top up the rental bond under section 381F —

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

(ii) the amount the remaining residents 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 residents.

(5) The provider must give all of the remaining residents the continuing interest notice—

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

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

(6) To remove any doubt, it is declared that after the vacating resident’s interest in the rooming accommodation agreement ends, the agreement continues on the same terms but with the parties to the agreement being the provider and the remaining residents.