QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.308HApplication to tribunal about notice ending tenancy interest
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### sec.308H Application to tribunal about notice ending tenancy interest
This section applies if a tenant gives, or purports to give, the lessor a notice ending tenancy interest.
The lessor may, within 7 days after receiving the notice, apply to the tribunal for an order setting aside the notice because it does not comply with section 308B .
The tribunal may make the order only if satisfied the notice does not comply with section 308B .
In deciding whether to make the order, the tribunal—
must have regard to whether or not the evidence supporting the notice is the evidence required under section 308B (1) (b) ; but
must not examine—
whether or not the tenant experienced domestic violence; or
the tenant’s belief as to whether or not the tenant could safely continue to occupy the premises.
s 308H ins 2021 No. 19 s 22
(sec.308H-ssec.1) This section applies if a tenant gives, or purports to give, the lessor a notice ending tenancy interest.
(sec.308H-ssec.2) The lessor may, within 7 days after receiving the notice, apply to the tribunal for an order setting aside the notice because it does not comply with section 308B .
(sec.308H-ssec.3) The tribunal may make the order only if satisfied the notice does not comply with section 308B .
(sec.308H-ssec.4) In deciding whether to make the order, the tribunal— must have regard to whether or not the evidence supporting the notice is the evidence required under section 308B (1) (b) ; but must not examine— whether or not the tenant experienced domestic violence; or the tenant’s belief as to whether or not the tenant could safely continue to occupy the premises.
- (a) must have regard to whether or not the evidence supporting the notice is the evidence required under section 308B (1) (b) ; but
- (b) must not examine— (i) whether or not the tenant experienced domestic violence; or (ii) the tenant’s belief as to whether or not the tenant could safely continue to occupy the premises.
- (i) whether or not the tenant experienced domestic violence; or
- (ii) the tenant’s belief as to whether or not the tenant could safely continue to occupy the premises.
- (i) whether or not the tenant experienced domestic violence; or
- (ii) the tenant’s belief as to whether or not the tenant could safely continue to occupy the premises.