Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 396A

396A Reletting costs

(1) A rooming accommodation agreement may include a term requiring the resident to pay the costs incurred by the provider in reletting the resident’s room if—

(a) the agreement is for a fixed term; and

(b) the resident is made liable under the term only if the resident ends the agreement other than in a way permitted under this Act; and

(c) the resident’s liability under the term is limited to the reletting costs under this section.

(2) A term of a rooming accommodation agreement requiring the resident pay the costs incurred by the provider in reletting the premises—

(a) is void if the term does not comply with subsection (1) ; and

(b) does not apply if after experiencing domestic violence, the resident ended the agreement or the resident’s interest in the agreement under part 2 , division 3 , subdivision 2A .

(3) The
"reletting costs" payable by the resident under this section in relation to a fixed term agreement are—

(a) for a fixed term of not more than 3 years, the lesser of—

(i) the amount of the reletting costs mentioned in subsection (4) ; or

(ii) an amount equal to the rent payable for the period between the resident leaving the rental premises and the day a new agreement commences after the rental premises are relet; or

(b) for a fixed term of more than 3 years, the lesser of—

(i) an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or

(ii) an amount equal to the rent payable for the period between the resident leaving the rental premises and the day a new agreement commences after the rental premises are relet.

(4) For subsection (3) (a) (i) , the amount of the reletting costs is—

(a) if less than 25% of the fixed term had expired when the resident left the rental premises—the amount equal to 4 weeks rent; or

(b) if 25% or more but less than 50% of the fixed term had expired when the resident left the rental premises—the amount equal to 3 weeks rent; or

(c) if 50% or more but less than 75% of the fixed term had expired when the resident left the rental premises—the amount equal to 2 weeks rent; or

(d) if 75% or more of the fixed term had expired when the resident left the rental premises—the amount equal to 1 week’s rent.