QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.396BProvider must not let rental premises for 6 months after ending rooming accommodation for premises being sold
Start here
Get a plain-English read of sec.396B
Turn the raw legal text into a practical explanation grounded in Residential Tenancies and Rooming Accommodation Act 2008.
### sec.396B Provider must not let rental premises for 6 months after ending rooming accommodation for premises being sold
If a rooming accommodation agreement ends because the provider gives the resident a notice requiring the resident to leave the rental premises under section 371A , the provider must not offer rooming accommodation at the premises for 6 months after the day the agreement ends.
Maximum penalty—50 penalty units.
In a proceeding for an offence against subsection (1) , it is a defence for the provider to prove that—
the provider genuinely made the rental premises available for sale but no offers, acceptable to the provider, were received; or
The only offers the provider received were below the provider’s expected sale price.
the provider entered into a contract for the sale of the rental 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 396B ins 2021 No. 19 s 83A
(sec.396B-ssec.1) If a rooming accommodation agreement ends because the provider gives the resident a notice requiring the resident to leave the rental premises under section 371A , the provider must not offer rooming accommodation at the premises for 6 months after the day the agreement ends. Maximum penalty—50 penalty units.
(sec.396B-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the provider to prove that— the provider genuinely made the rental premises available for sale but no offers, acceptable to the provider, were received; or The only offers the provider received were below the provider’s expected sale price. the provider entered into a contract for the sale of the rental 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 provider genuinely made the rental premises available for sale but no offers, acceptable to the provider, were received; or Example— The only offers the provider received were below the provider’s expected sale price.
- (b) the provider entered into a contract for the sale of the rental 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.