QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.358Tenant remaining in possession
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### sec.358 Tenant remaining in possession
If a tenant fails to hand over vacant possession of premises after a termination order is made by a tribunal, the lessor is entitled to receive from the tenant—
compensation for any loss or expense incurred by the lessor by the failure; and
an occupation fee equal to the amount of rent that would have been payable by the tenant for the premises for the period the tenant remains in possession after termination of the agreement.
If an application is made to a tribunal under this section by the lessor, the tribunal may make an order requiring the tenant to pay to the lessor the following amounts—
the amount it considers the lessor is entitled to receive for compensation;
the amount it considers the lessor is entitled to receive for the occupation fee.
(sec.358-ssec.1) If a tenant fails to hand over vacant possession of premises after a termination order is made by a tribunal, the lessor is entitled to receive from the tenant— compensation for any loss or expense incurred by the lessor by the failure; and an occupation fee equal to the amount of rent that would have been payable by the tenant for the premises for the period the tenant remains in possession after termination of the agreement.
(sec.358-ssec.2) If an application is made to a tribunal under this section by the lessor, the tribunal may make an order requiring the tenant to pay to the lessor the following amounts— the amount it considers the lessor is entitled to receive for compensation; the amount it considers the lessor is entitled to receive for the occupation fee.
- (a) compensation for any loss or expense incurred by the lessor by the failure; and
- (b) an occupation fee equal to the amount of rent that would have been payable by the tenant for the premises for the period the tenant remains in possession after termination of the agreement.
- (a) the amount it considers the lessor is entitled to receive for compensation;
- (b) the amount it considers the lessor is entitled to receive for the occupation fee.