QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.297BApplication for termination because of serious breach
Start here
Get a plain-English read of sec.297B
Turn the raw legal text into a practical explanation grounded in Residential Tenancies and Rooming Accommodation Act 2008.
### sec.297B Application for termination because of serious breach
The lessor may apply to the tribunal for a termination order 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 property.
An application made under this section is called an application made because of serious breach .
The 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.
This section does not apply if the lessor is—
the chief executive of the housing department, acting on behalf of the State; or
a community housing provider.
s 297B ins 2021 No. 19 s 61
(sec.297B-ssec.1) The lessor may apply to the tribunal for a termination order 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 property.
(sec.297B-ssec.2) An application made under this section is called an application made because of serious breach .
(sec.297B-ssec.3) The 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.
(sec.297B-ssec.4) This section does not apply if the lessor is— the chief executive of the housing department, acting on behalf of the State; or 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 property.
- (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 property.
- (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 property.
- (a) the chief executive of the housing department, acting on behalf of the State; or
- (b) a community housing provider.