Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 389A

389A Orders relating to misrepresentation

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

(a) the applicant has established the grounds for making the application under section 381J (1) ; and

(b) the false or misleading information, that is the subject of the application, justifies terminating the rooming accommodation agreement.

(2) In deciding whether the false or misleading information justifies terminating the rooming accommodation agreement, the tribunal must have regard to—

(a) the extent to which the false or misleading information did any of the following—

(i) induced the resident to enter into the agreement;

(ii) misrepresented the condition of the rental premises, the resident’s room or inclusions;

(iii) misrepresented the services provided for the room;

(iv) adversely affected the resident in exercising a right under this Act;

(v) adversely affected the resident’s quiet enjoyment of the resident’s room; and

(b) any adverse effects likely to be suffered by the resident or other persons if the agreement were not terminated.

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