Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 368

368 Notice to remedy resident’s breach

(1) This section applies if a provider reasonably believes that a resident has breached the rooming accommodation agreement and that the breach has not been remedied.

(2) The provider may give the resident a notice requiring the resident to remedy the breach.

(3) The notice must—

(a) be in the approved form; and

(b) give particulars of the breach; and

(c) state the day (the
"due day" ) by which the resident must remedy the breach; and

(d) be signed by the provider.

(4) The notice may also state the steps that the provider reasonably believes are necessary to remedy the breach or avoid a further breach of the rooming accommodation agreement.

(5) The due day must not be earlier than—

(a) if the breach is nonpayment of rent and, at the time the rent was due, the resident had been a resident of the rental premises for less than 28 days—2 days after the notice is given; or

(b) if the breach is nonpayment of rent and paragraph (a) does not apply—4 days after the notice is given; or

(c) otherwise—5 days after the notice is given.

(6) This section does not apply to a breach comprising nonpayment of rent if—

(a) when the rent was due, the resident had been a resident of the rental premises for at least 28 days; and

(b) the rent has remained unpaid in breach of the agreement for less than 2 days.