Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 337

337 Failure to leave for unremedied breach

(1) This section applies if—

(a) an application is made to a tribunal for a termination order because of a failure to leave; and

(b) the notice to leave was given because of an unremedied breach.

(2) The tribunal may make the order if it is satisfied—

(a) the lessor has established the ground of the application and notice to leave; and

(b) the tenant committed the breach of the agreement stated in the notice to remedy breach about which the notice to leave was given; and

(c) the breach justifies terminating the agreement.

(3) In deciding if the breach justifies terminating the agreement, the tribunal may have regard to—

(a) the seriousness of the breach; and

(b) any steps taken by the tenant to remedy the breach; and

(c) whether the breach was recurrent and, if it was recurrent, the frequency of the recurrences; and

(d) the detriment caused, or likely to be caused, to the lessor by the breach; and

(e) whether the lessor has acted reasonably about the breach; and

(f) any other issues it considers appropriate.

(4) Subsection (3) does not limit the issues to which the tribunal may have regard.