QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.107Rent decreases because of resident’s absence
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### sec.107 Rent decreases because of resident’s absence
This section applies to a rooming accommodation agreement if either of the following is not provided to the resident because of the resident’s absence—
a personal care service;
a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.
The provider and the resident may agree to a reduction in rent for the period of the absence.
If the provider and the resident can not agree on a reduction in rent for the period of the absence, the resident may apply to a tribunal for an order decreasing the rent by a stated amount for the period.
On an application under this section a tribunal may make the order it considers appropriate.
Before making an order the tribunal must have regard to the following—
any special term of the agreement in relation the matter;
the reason for the absence;
the length of the absence;
whether the resident gave the provider notice of the absence;
whether the resident was able to give the provider notice of the absence;
if the resident gave the provider notice of the absence—the length of the notice;
the impact of any reduction of rent on the provider or other residents.
(sec.107-ssec.1) This section applies to a rooming accommodation agreement if either of the following is not provided to the resident because of the resident’s absence— a personal care service; a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.
(sec.107-ssec.2) The provider and the resident may agree to a reduction in rent for the period of the absence.
(sec.107-ssec.3) If the provider and the resident can not agree on a reduction in rent for the period of the absence, the resident may apply to a tribunal for an order decreasing the rent by a stated amount for the period.
(sec.107-ssec.4) On an application under this section a tribunal may make the order it considers appropriate.
(sec.107-ssec.5) Before making an order the tribunal must have regard to the following— any special term of the agreement in relation the matter; the reason for the absence; the length of the absence; whether the resident gave the provider notice of the absence; whether the resident was able to give the provider notice of the absence; if the resident gave the provider notice of the absence—the length of the notice; the impact of any reduction of rent on the provider or other residents.
- (a) a personal care service;
- (b) a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.
- (a) any special term of the agreement in relation the matter;
- (b) the reason for the absence;
- (c) the length of the absence;
- (d) whether the resident gave the provider notice of the absence;
- (e) whether the resident was able to give the provider notice of the absence;
- (f) if the resident gave the provider notice of the absence—the length of the notice;
- (g) the impact of any reduction of rent on the provider or other residents.