QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.365BLessor must not let premises for 6 months after ending tenancy for premises being sold
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### sec.365B Lessor must not let premises for 6 months after ending tenancy for premises being sold
If a residential tenancy ends because the lessor gives the tenant a notice to leave for sale contract, the lessor must not offer a residential tenancy for the premises for 6 months after the handover day.
Maximum penalty—50 penalty units.
In a proceeding for an offence against subsection (1) , it is a defence for the lessor to prove that—
the lessor genuinely made the premises available for sale but no offers, acceptable to the lessor, were received; or
The only offers the lessor received were below the lessor’s expected sale price.
the lessor entered into a contract for the sale of the premises but the contract ended without the premises being sold.
The contract was terminated by the buyer under a term of the contract or a statutory right, including a cooling-off period.
s 365B ins 2021 No. 19 s 75
(sec.365B-ssec.1) If a residential tenancy ends because the lessor gives the tenant a notice to leave for sale contract, the lessor must not offer a residential tenancy for the premises for 6 months after the handover day. Maximum penalty—50 penalty units.
(sec.365B-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the lessor to prove that— the lessor genuinely made the premises available for sale but no offers, acceptable to the lessor, were received; or The only offers the lessor received were below the lessor’s expected sale price. the lessor entered into a contract for the sale of the premises but the contract ended without the premises being sold. The contract was terminated by the buyer under a term of the contract or a statutory right, including a cooling-off period.
- (a) the lessor genuinely made the premises available for sale but no offers, acceptable to the lessor, were received; or Example— The only offers the lessor received were below the lessor’s expected sale price.
- (b) the lessor entered into a contract for the sale of the premises but the contract ended without the premises being sold. Example— The contract was terminated by the buyer under a term of the contract or a statutory right, including a cooling-off period.