Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 221A

221A Granting repair order

(1) The tribunal may grant an application for a repair order if the tribunal is satisfied the application is made under section 221 .

(2) In considering the application, the tribunal—

(a) must consider—

(i) the conduct of the lessor and lessor’s agent; and

(ii) the risk of injury the damage is likely to cause a person at the premises; and

(iii) the loss of amenity caused by the damage; and

(b) may consider any other matter the tribunal considers relevant.

(3) In granting the repair order, the tribunal may—

(a) make any order, or give any directions, about the repairs the tribunal considers appropriate in the circumstances; or

(b) if the premises is vacant—make an order that the premises not be occupied under a residential tenancy agreement until stated repairs are completed.

(4) Without limiting subsection (3) , the tribunal may make an order about 1 or more of the following matters—

(a) what is, or is not, to be repaired;

(b) that the lessor must carry out the repairs by a stated date;

(c) that the tenant may arrange for a suitably qualified person to carry out the repairs for an amount decided by the tribunal;

(d) who must pay for the repairs;

(e) that the tenant may pay a reduced rent until the repairs are carried out to the standard decided by the tribunal;

(f) that the lessor must pay an amount to the tenant as compensation for loss of amenity;

(g) that a suitably qualified person must assess the need for the repairs or inspect the premises or inclusions;

(h) that the residential tenancy agreement ends if the repairs are not completed by a stated date.

(5) Until a repair order is complied with, the repair order—

(a) continues to apply in relation to the premises; and

(b) does not end with any particular residential tenancy agreement.

(6) The tribunal must give the authority a copy of a repair order made under this section.