QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.173Certain terms about penalties and other payments void
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### sec.173 Certain terms about penalties and other payments void
A term of an agreement is void to the extent it provides that, if the tenant breaches the agreement or this or another Act, the tenant is liable to pay—
all or a part of the rent remaining payable under the agreement; or
increased rent; or
an amount as a penalty; or
an amount as liquidated damages.
However, subsection (1) does not apply to a term of an agreement requiring the tenant to pay the costs incurred by the lessor in reletting the premises if the term complies with section 357A .
A lessor or lessor’s agent must not require a tenant to enter into an agreement containing a term that is void under subsection (1) .
Maximum penalty for subsection (3) —20 penalty units.
s 173 amd 2021 No. 19 s 12 ; 2024 No. 27 s 60
(sec.173-ssec.1) A term of an agreement is void to the extent it provides that, if the tenant breaches the agreement or this or another Act, the tenant is liable to pay— all or a part of the rent remaining payable under the agreement; or increased rent; or an amount as a penalty; or an amount as liquidated damages.
(sec.173-ssec.2) However, subsection (1) does not apply to a term of an agreement requiring the tenant to pay the costs incurred by the lessor in reletting the premises if the term complies with section 357A .
(sec.173-ssec.3) A lessor or lessor’s agent must not require a tenant to enter into an agreement containing a term that is void under subsection (1) . Maximum penalty for subsection (3) —20 penalty units.
- (a) all or a part of the rent remaining payable under the agreement; or
- (b) increased rent; or
- (c) an amount as a penalty; or
- (d) an amount as liquidated damages.