QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.369Notice to leave because of failure to remedy breach
Start here
Get a plain-English read of sec.369
Turn the raw legal text into a practical explanation grounded in Residential Tenancies and Rooming Accommodation Act 2008.
### sec.369 Notice to leave because of failure to remedy breach
A provider may give to a resident a notice requiring the resident to leave the rental premises if—
the provider reasonably believes the resident has breached the rooming accommodation agreement; and
the provider has given the resident a notice under section 368 requiring the resident to remedy the breach by a stated due day; and
the due day has passed; and
the provider reasonably believes that—
the breach has not been remedied; or
after the notice was given and before the due day, the resident repeated the breach and has not remedied the repeated breach.
The notice must—
be in the approved form; and
state why the resident is being required to leave the premises; and
state the day by which the resident must leave the premises; and
be signed by the provider.
If the breach is nonpayment of rent and, at the time the rent was due, the resident had been a resident of the rental premises for less than 28 days, the resident may be required to leave immediately.
Otherwise, the day by which the resident is required to leave the premises must not be less than—
if the breach is nonpayment of rent—4 days after the notice is given; or
otherwise—2 days after the notice is given.
The provider may withdraw the notice at any time before the resident leaves.
(sec.369-ssec.1) A provider may give to a resident a notice requiring the resident to leave the rental premises if— the provider reasonably believes the resident has breached the rooming accommodation agreement; and the provider has given the resident a notice under section 368 requiring the resident to remedy the breach by a stated due day; and the due day has passed; and the provider reasonably believes that— the breach has not been remedied; or after the notice was given and before the due day, the resident repeated the breach and has not remedied the repeated breach.
(sec.369-ssec.2) The notice must— be in the approved form; and state why the resident is being required to leave the premises; and state the day by which the resident must leave the premises; and be signed by the provider.
(sec.369-ssec.3) If the breach is nonpayment of rent and, at the time the rent was due, the resident had been a resident of the rental premises for less than 28 days, the resident may be required to leave immediately.
(sec.369-ssec.4) Otherwise, the day by which the resident is required to leave the premises must not be less than— if the breach is nonpayment of rent—4 days after the notice is given; or otherwise—2 days after the notice is given.
(sec.369-ssec.5) The provider may withdraw the notice at any time before the resident leaves.
- (a) the provider reasonably believes the resident has breached the rooming accommodation agreement; and
- (b) the provider has given the resident a notice under section 368 requiring the resident to remedy the breach by a stated due day; and
- (c) the due day has passed; and
- (d) the provider reasonably believes that— (i) the breach has not been remedied; or (ii) after the notice was given and before the due day, the resident repeated the breach and has not remedied the repeated breach.
- (i) the breach has not been remedied; or
- (ii) after the notice was given and before the due day, the resident repeated the breach and has not remedied the repeated breach.
- (i) the breach has not been remedied; or
- (ii) after the notice was given and before the due day, the resident repeated the breach and has not remedied the repeated breach.
- (a) be in the approved form; and
- (b) state why the resident is being required to leave the premises; and
- (c) state the day by which the resident must leave the premises; and
- (d) be signed by the provider.
- (a) if the breach is nonpayment of rent—4 days after the notice is given; or
- (b) otherwise—2 days after the notice is given.