QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.290ANotice to leave because of serious breach at public or community housing
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### sec.290A Notice to leave because of serious breach at public or community housing
This section applies to the following lessors—
the chief executive of the housing department, acting on behalf of the State;
a community housing provider.
See section 297B in relation to other lessors seeking tribunal orders to terminate a residential tenancy agreement on the grounds mentioned in subsection (2) .
The lessor may give a notice to leave the premises to the tenant if the lessor reasonably believes the tenant, an occupant, a guest of the tenant or a person allowed on the premises by the tenant has—
used the premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for an illegal activity; or
intentionally or recklessly—
destroyed or seriously damaged a part of the premises; or
endangered another person in the premises or a person occupying, or allowed on, premises nearby; or
interfered significantly with the reasonable peace, comfort or privacy of another tenant or another tenant’s appropriate use of the other tenant’s premises.
A notice to leave under this section is called a notice to leave for serious breach at public or community housing .
A lessor may form a reasonable belief that premises or property has been used for an illegal activity whether or not anyone has been convicted or found guilty of an offence in relation to the activity.
s 290A ins 2013 No. 58 s 9
amd 2021 No. 19 s 57
(sec.290A-ssec.1) This section applies to the following lessors— the chief executive of the housing department, acting on behalf of the State; a community housing provider. See section 297B in relation to other lessors seeking tribunal orders to terminate a residential tenancy agreement on the grounds mentioned in subsection (2) .
(sec.290A-ssec.2) The lessor may give a notice to leave the premises to the tenant if the lessor reasonably believes the tenant, an occupant, a guest of the tenant or a person allowed on the premises by the tenant has— used the premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for an illegal activity; or intentionally or recklessly— destroyed or seriously damaged a part of the premises; or endangered another person in the premises or a person occupying, or allowed on, premises nearby; or interfered significantly with the reasonable peace, comfort or privacy of another tenant or another tenant’s appropriate use of the other tenant’s premises.
(sec.290A-ssec.3) A notice to leave under this section is called a notice to leave for serious breach at public or community housing .
(sec.290A-ssec.4) A lessor may form a reasonable belief that premises or property has been used for an illegal activity whether or not anyone has been convicted or found guilty of an offence in relation to the activity.
- (a) the chief executive of the housing department, acting on behalf of the State;
- (b) a community housing provider.
- (a) used the premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for an illegal activity; or
- (b) intentionally or recklessly— (i) destroyed or seriously damaged a part of the premises; or (ii) endangered another person in the premises or a person occupying, or allowed on, premises nearby; or (iii) interfered significantly with the reasonable peace, comfort or privacy of another tenant or another tenant’s appropriate use of the other tenant’s premises.
- (i) destroyed or seriously damaged a part of the premises; or
- (ii) endangered another person in the premises or a person occupying, or allowed on, premises nearby; or
- (iii) interfered significantly with the reasonable peace, comfort or privacy of another tenant or another tenant’s appropriate use of the other tenant’s premises.
- (i) destroyed or seriously damaged a part of the premises; or
- (ii) endangered another person in the premises or a person occupying, or allowed on, premises nearby; or
- (iii) interfered significantly with the reasonable peace, comfort or privacy of another tenant or another tenant’s appropriate use of the other tenant’s premises.