RESIDENTIAL TENANCIES ACT 1994

Queensland Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1994

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introductory provisions

1. Short title

Part 2--Interpretation

Division 1--Location of definitions

3. Definitions and dictionary

Division 2--Meaning of key terms

3A. Caravan
4. Lessor
5. Premises
6. Residential premises
7. Residential tenancy
8. Residential tenancy agreement
9. Tenant

Part 3--Operation of Act

10. Act applies only to certain residential tenancy agreements etc.
11. References to agreements
12. Reference to lessors and tenants
13. References to premises
14. References to tenancies
14A. Provision stating that lessor or lessor's agent must do something
14B. Lessor's agent

Part 4--Application of Act

Division 1--General

15. Act binds all persons
16. State as lessor
17. Application of Property Law Act to agreements
18. Rights and remedies of persons
19. Minors
20. Changes to Act's application

Division 2--Agreements to which this Act applies and does not apply

20A. Contracts of sale and mortgages
21. Premises used for holidays
22. Residential service agreements, boarders and lodgers
23. Educational institutions, hospitals, nursing homes and retirement villages
23A. Rental purchase plan agreements
24. Temporary refuge accommodation
25. Agreements under Manufactured Homes (Residential Parks) Act 2003
25A. Headleases for employee housing
25B. Headleases for affordable housing agreements
26. Hotels and motels
27. Headleases for approved supported accommodation

Division 3--Moveable dwelling premises

28. Application of division
29. Purpose of division
30. Short tenancy statements
31. Extending short tenancy statements
32. Setting aside short tenancy (extension) statements
33. Short tenancies
34. Long tenancies

CHAPTER 2--RESIDENTIAL TENANCY AGREEMENTS

Part 1--Agreements

Division 1--General

35. Terms of agreements include duties under Act etc.
36. Contracting out prohibited
37. Inconsistency
38. Standard terms
38A. Lessor to give proposed agreement to tenant
39. Written agreements required
40. Giving and signing written agreement
41. Orders of tribunal about giving and signing written agreement

Division 2--Associated documents

42. Condition report at start of tenancy
42A. Condition report at end of tenancy
43. Information statement
44. Park rules
45. By-laws

Division 3--Fixed term agreements

46. Continuation of fixed term agreements

Part 2--Rent

47. How rent to be paid
48. Where rent to be paid
49. Rent in advance
50. Receipts and other records
51. Keeping of records
52. False, misleading or incomplete rent records
53. Rent increases
53A. Tenant's application to tribunal about rent increase
54. Rent decreases
55. Seizure of tenant's goods for rent etc.
56. Apportionment

Part 3--Rental bonds

Division 1--Payments to authority

57. Meaning of rental bond
58. Contributor for a rental bond
58A. Share of a rental bond
59. Duty to pay rental bond
59A. Duty to pay rental bond instalments
60. Duty to pay rental bond if financial protection given
60A. Acknowledging receipt of rental bond
61. No entitlement to interest
62. Continuance of rental bond

Division 2--Payments by authority
Subdivision 1--Preliminary

63. Purpose of division
64. Making payment
65. Application for payment
Subdivision 2--Payment of bond if only 1 contributor
66. Application of sdiv 2
67. Joint application by lessor and contributor
68. Application by lessor
69. Application by contributor
Subdivision 3--Payment of bond if more than 1 contributor
69A. Application of sdiv 3
69B. Joint application by lessor and every contributor
69C. Joint application by lessor and some contributors
69D. Application by lessor
69E. Application by every contributor
69F. Application by some contributors
Subdivision 4--Other matters about payment
69G. Payment for which notice must be given
70. Payment under tribunal order
72. Payment to rental bond supplier
73. Limitation affecting payment
74. Withdrawal of application
75. Payment under person's direction

Division 3--Enforcement provisions

76. Receipt
77. Payments above maximum amount
78. Order for payment if guilty of offence

Division 4--Accounts and investments

79. Accounts
80. Rental bond account
80A. Unclaimed amounts in rental bond account
81. Rental bond interest account
82. Other payments from rental bond interest account

Division 5--Miscellaneous

83. Increase in rental bond
84. Rental bond resulting from rent decrease

Part 4--Key and holding deposits

Division 1--Key deposits

84A. Payment of key deposits
84B. Receipts for key deposits
84C. Refunding key deposit

Division 2--Holding deposits

85. Payment of holding deposits
86. Receipts for holding deposits
87. Rights and obligations about holding deposits
88. Orders of tribunal

Part 5--Outgoings of lessor

Division 1--Outgoings other than service charges

89. Outgoings other than service charges

Division 2--Service charges

90. Meaning of service charge
91. General service charges for premises other than moveable dwelling premises
91A. Water service charges for premises other than moveable dwelling premises
92. Service charges for moveable dwelling premises individually metered
93. Service charges absorbed in rent for moveable dwelling premises
94. Orders of tribunal

Part 6--Penalties and premiums

95. Collateral contracts prohibited
95A. Incentive amounts prohibited
96. Certain terms about penalties and other payments void
97. Terms about rent reductions etc.
98. Premiums for letting moveable dwelling premises

Part 7--Tenancy guarantees

98A. Tenancy guarantees

CHAPTER 3--RIGHTS AND OBLIGATIONS OF LESSORS AND TENANTS

Part 1--Occupation and use of the premises

99. Legal impediments to occupation as residence
100. Vacant possession
101. Quiet enjoyment
102. Tenant's use of premises

Part 2--General standard of the premises

103. Lessor's obligations generally
104. Lessor's obligations for facilities in moveable dwelling parks
105. Lessor's obligations for moveable dwelling site
106. Tenant's obligations generally
107. Tenant's obligations for facilities in moveable dwelling parks
108. Tenant's obligation for moveable dwelling site
108A. Orders of tribunal

Part 3--Lessor's right of entry

109. Grounds for entry
110. Notice of entry
111. General qualifications about entry
112. Rules of entry
113. Entry under order of tribunal
114. Unlawful entry of premises

Part 4--Personal details of the parties and agents

115. Tenant's name and other details
116. Lessor's or agent's name and other details

Part 5--The dwelling

Division 1--Fixtures and structural changes

117. Attaching fixtures and making structural changes
118. Agreement about fixtures and structural changes
119. Attaching fixture or making structural change without lessor's agreement

Division 2--Locks and keys

120. Supply of locks and keys
121. Changing locks
122. Agreement about changing locks
123. Orders of tribunal

Division 3--Damage and repairs

123A. Meaning of emergency repairs
123B. Meaning of routine repairs
124. Nominated repairer for emergency repairs
125. Notice of damage
126. Tenant may arrange for emergency repairs to be made
127. Costs of emergency repairs arranged by tenant
128. Orders of tribunal about emergency repairs

Part 6--Additional provisions for moveable dwelling premises

Division 1--Application of part

129. Application of part

Division 2--Relocation

130. Notice to relocate
130A. Restriction against enforcing relocation
131. Effect of relocation
132. Costs of relocation
132A. Application to tribunal

Division 3--Park rules

133. Park rules
134. Notice of proposed change of park rule
135. Objection to proposal
136. Park liaison committee
137. Consideration of objections by committee
138. Application to tribunal about proposal
139. Decision of tribunal about proposal
140. When proposal takes effect
141. When changes of park rules have no effect

Division 4--Goods and services

142. Supply of goods and services

Part 7--Change of lessor or tenant

Division 1--Transfer or subletting by tenant

143. Tenant's action subject to lessor's unqualified discretion
144. Tenant's action subject to lessor's qualified discretion
145. Order of tribunal about transfer or subletting
146. Lessor's expenses for transfer or subletting
147. Lessor's fee for sale of caravan

Division 2--Transfer by lessor

148. Transfer by lessor

Division 3--Replacement of tenant

149. End of tenant's occupation
149A. Death of a cotenant
150. Injury to spouse
150A. Injury or damage affecting occupants

CHAPTER 4--TERMINATION OF AGREEMENTS

Part 1--General

151. Termination of agreements
152. Acceptance of rent does not operate as waiver of tenant's breach
152A. Offer or payment of rent does not operate as waiver of lessor's breach

Part 2--Action by lessor

Division 1--Notices to remedy breach

153. Notice to remedy tenant's breach

Division 2--Notices to leave premises

155. Notice to leave for unremedied breach
156. Notice to leave for tenant's non-compliance with tribunal order
157. Notice to leave for non-compliance (moveable dwelling relocation)
158. Notice to leave if agreement frustrated
159. Notice to leave if agreement frustrated (moveable dwelling premises)
160. Notice to leave if premises being sold
161. Notice to leave if closure of moveable dwelling park involved
162. Notice to leave if tenant's employment ends
163. Notice to leave if tenant's entitlement to supported accommodation ends
163A. Notice to leave if tenant's entitlement under affordable housing scheme
165. Notice to leave without ground
165A. Application to tribunal about notice to leave without ground

Division 3--Applications for termination

166. Application for termination for failure to leave
167. Application for termination for failure to leave as intended
168. Application for termination for excessive hardship
169. Application for termination for damage or injury
170. Application for termination for tenant's objectionable behaviour
171. Application for termination for incompatibility
171A. Application for termination for repeated breaches
172. Application for interim order about damage or injury

Part 3--Action by tenant

Division 1--Notices to remedy breach

173. Notice to remedy lessor's breach

Division 2--Notices of intention to leave premises

175. Notice of intention to leave for unremedied breach
176. Waiver of breach
177. Notice of intention to leave for lessor's non-compliance with tribunal order
178. Notice of intention to leave if agreement frustrated
179. Notice of intention to leave if agreement frustrated (moveable dwelling premises)
181. Notice of intention to leave without ground

Division 3--Applications for termination

182. Application for termination for excessive hardship
183. Application for termination for damage or injury
184. Application by cotenant for termination for damage or injury
185. Application for termination for lessor's objectionable behaviour
186. Application for termination for incompatibility
186A. Application for termination for repeated breaches
187. Application for interim order about damage or injury

Part 4--Action by other persons

Division 1--Mortgagees

187A. Notice about proposed action of mortgagee
187B. Acceptance of rent does not operate as consent

Division 2--Other persons

188. Application by tenant's spouse for termination for damage or injury
189. Application by occupant for termination for damage or injury
190. Application for interim order about damage or injury
191. References to applications

Part 5--Procedural requirements for action taken by lessor or tenant

192. Notice to remedy breach
193. Notice to leave
194. Notice of intention to leave
196. Allowed remedy period
197. Handover day for notice to leave for premises that are not moveable dwelling premises
198. Handover day for notice to leave for moveable dwelling premises
199. Handover day for notice of intention to leave for premises that are not moveable dwelling premises
200. Handover day for notice of intention to leave for moveable dwelling premises
200A. Withdrawing notice to leave for unremedied breach
201. Withdrawing notice of intention to leave
202. Applications for termination orders
203. Applications to tribunal

Part 6--Orders of tribunal

204. Failure to leave for unremedied breach
205. Failure to leave for non-compliance (tribunal order)
206. Failure to leave for non-compliance (moveable dwelling relocation)
207. Failure to leave for other grounds
208. Failure to leave without ground
209. Failure to leave as intended
210. Excessive hardship
211. Damage or injury
212. Objectionable behaviour
213. Incompatibility
213A. Repeated breaches
214. Interim order about damage or injury
215. Defects in notices

Part 7--Recovery of possession of premises

216. Issue of warrant of possession
217. Warrant of possession
218. Execution of warrant of possession
219. Way of recovering possession of premises
220. Obstruction of person executing warrant of possession

Part 8--Abandonment

221. Termination of agreement by lessor if premises abandoned
221A. Dispute about abandonment termination notice
222. Order about abandonment

Part 9--Compensation

225. Tenant remaining in possession
226. Compensation on abandonment termination notice
227. Compensation on termination by tribunal
228. Review of abandonment order
230. Duty to mitigate loss or expense

Part 10--Goods and documents left behind on premises

230A. Goods left on premises
230B. Documents left on premises
230C. Application about goods left on premises

CHAPTER 5--RESOLUTION OF TENANCY ISSUES

Part 1--Conciliation of tenancy disputes

Division 1--Requirement for conciliation

231. Meaning of urgent application
232. Applications to tribunal

Division 1A--Conciliation

232A. Conciliation process
232B. Some matters not suitable for conciliation
232C. Conciliators

Division 2--Starting the conciliation process

233. Making dispute resolution request
234. Reference to making of tribunal application includes making of dispute resolution request
235. Action to be taken on dispute resolution request

Division 3--Conduct of conciliation process

236. Conciliation fee
237. Limited right of representation
239. Parties' participation in conciliation process not compellable
240. Parties to conciliation process
241. Conciliation agreements
242. No record of conciliation process

Division 4--Withdrawal of disputes

244. Withdrawal of disputes

Division 5--Confidentiality, privilege and immunity

245. Conciliators to maintain secrecy
246. Ordinary protection and immunity allowed
247. Admissions made in conciliation process

Part 2--General powers of tribunals

248. Application of Act to agreements
249. Applications about breach of agreements
250. Orders about breach of agreements
251. Application of Aboriginal tradition
252. Application of Island custom
253. Disputes about tenants' notices
253A. Disputes about lessors' notices
254. General disputes between lessors and tenants
255. Disputes between cotenants about rental bonds
256. Different applications may be decided together
257. Joining applications

CHAPTER 6--ENFORCEMENT

Part 1--Authorised persons

258. Authorised persons under this chapter
259. Appointment
260. Limitation of authorised person's powers
261. Authorised person's conditions of appointment
262. Authorised person's identity card
263. Production or display of authorised person's identity card

Part 2--Powers of authorised persons for places

264. Entry to places
265. Warrants for entry
266. Warrants—applications made other than in person
267. Authorised person's general powers for places

Part 3--Other enforcement matters

267A. Procedure after document seized
267B. Power to require information from certain persons
268. False or misleading information
269. False, misleading or incomplete documents
270. Authorised person to give notice of damage
271. Compensation
272. Agreement to entry
273. Evidence of agreement
274. Obstruction of authorised person
275. Impersonation of authorised person
276. Executive officers must ensure corporation complies with Act

Part 4--Evidence

277. Evidentiary provisions

CHAPTER 7--CAUSING NUISANCE IN MOVEABLE DWELLING PARKS

278. Behaviour in moveable dwelling park causing serious nuisance
283. Application to tribunal for order to exclude person from park
284. Order of tribunal excluding person from park

CHAPTER 7A--TENANCY DATABASES

284A. Definitions for ch 7A
284B. Non-application to internal databases
284C. Restriction on listing
284D. Application to tribunal about breach
284E. Application to tribunal about incorrect or unjust listing
284F. Application to tribunal about proposed listing
284G. Offence of contravening tribunal order
284H. Order for compensation

CHAPTER 8--RESIDENTIAL TENANCIES AUTHORITY

Part 1--Establishment of authority

286. Establishment of authority
287. Legal status of authority
288. Authority represents the State

Part 2--Functions and powers of authority

289. Authority's functions
290. Authority's powers
291. Reserve power of Minister to give directions in public interest

Part 3--The board

292. The board
293. Role of the board
294. Composition of board
295. Duration of appointment
296. Conditions of appointment

Part 4--Proceedings of the board

297. Time and place of meetings
298. Conduct of proceedings
299. Disclosure of interests
300. Minutes

Part 5--Financial matters

301. Application of Financial Administration and Audit Act
301A. Authority is statutory body for Statutory Bodies Financial Arrangements Act 1982
302. Administration budget

Part 6--Other things about the authority

302A. Authority may enter into work performance arrangements
303. Seal
304. Application of certain Acts
305. Delegation

Part 7--Chief executive officer

306. Chief executive officer
307. Chief executive officer not to engage in other paid employment
308. Acting chief executive officer
308A. Delegation

CHAPTER 8A--RESIDENTIAL TENANCIES EMPLOYING OFFICE

Part 1--Establishment and functions of employing office

309. Establishment of employing office
310. Employing office represents the State
311. Functions of employing office

Part 2--Executive officer

311A. Appointment of executive officer
311B. Executive officer acting for employing office

Part 3--Staff of employing office

311C. Employing office may employ staff
311D. Employing office may enter into work performance arrangements

Part 4--Other provisions

311E. Employing office is statutory body
311F. Application of Crime and Misconduct Act 2001

CHAPTER 9--LEGAL PROCEEDINGS

Part 1--Offences

312. False, misleading or incomplete documents
313. Attempts to commit offences
314. Offences are summary offences
314A. Limitation on time for starting proceedings

Part 2--Evidentiary provisions

315. Responsibility for acts or omissions of representatives
316. Condition reports
317. Rental bonds

CHAPTER 10--MISCELLANEOUS

318. Applications for more than prescribed amount
319. Protection from liability
319A. Disclosure of interests
320. Forms
321. Regulation-making power
322. Non-application of Act to long-term leases on Hamilton Island

CHAPTER 11--TRANSITIONAL, REPEALS AND AMENDMENTS

Part 1--Transitional provisions for Act No. 86 of 1994

Division 2--Transitional references

323. Application of division
324. References to former Acts
325. References to former authority

Division 4--Other transitional provisions

Part 2--Transitional provisions for Residential Tenancies Amendment Act 1998

340. Definitions for pt 2
341. Fixed term agreements in force at commencement
342. Periodic agreements in force at commencement
343. Short tenancy (moveable dwelling) agreements in force at commencement

Part 3--Transitional provisions for Residential Tenancies and Other Legislation Amendment Act 2003

Division 1--Preliminary

344. Meaning of amendment Act for pt 3

Division 2--Miscellaneous

345. Application for payment of rental bond
346. Supply of locks and keys
347. Conciliators

Division 3--Tenancy databases

348. Application of certain tenancy database provisions
349. Application to tribunal about listing made in certain circumstances
350. Application to tribunal about incorrect or unjust listing

Part 4--Transitional provisions for Statutory Bodies Legislation Amendment Act 2007

351. Rights and entitlements of particular employees
352. Application of industrial instruments
353. Amending Act does not affect particular powers of authority
354. Continued application of repealed s 309

Part 5--Transitional provision for Water and Other Legislation Amendment Act 2007

355. Application of s 91A to existing fixed term agreement
SCHEDULE 3 DICTIONARY
Endnotes

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