Why the without grounds provision should not be removed
RTRA Act review as at 30 September 2018 Click here to view running blog
There has been a long history of Tenants Queensland (previously known as the tenants union) wishing for the without grounds provision to be removed from tenancy law.
Section 291 of the RTRA Act clearly sets out when a notice to leave without reason cannot be given to a tenant.
Section 292 protects tenants who believe a lessor has contravened the provision.
Therefore, there is no need to add increased legislation unnecessarily.
Investors should always have the right to lawfully terminate a tenancy without reason. If investors comply with legislation, a lessor should have the right of possession without having to state a reason. Tenants are protected if lessors act outside the legislation. This is fair and balanced for all parties.
291 Notice to leave without ground
(1) The lessor may give a notice to leave the premises to the tenant without stating a ground for the notice.
(2) However, the lessor must not give a notice to leave under this section because—
(a) the tenant has applied, or is proposing to apply, to a tribunal for an order under this Act; or
(b) the tenant—
(i) has complained to a government entity about an act or omission of the lessor adversely affecting the tenant; or
(ii) has taken some other action to enforce the tenant’s rights; or
(c) an order of a tribunal is in force in relation to the lessor and tenant.
(3) Also, the lessor may not give a notice to leave under this section if the giving of the notice constitutes taking retaliatory action against the tenant.
(4) A notice to leave under this section is called a notice to leave without ground.
Editor’s note— See sections 329(2)(j) (Handover day for notice to leave for premises that are not moveable dwelling premises) and 330(2)(l) (Handover day for notice to leave for moveable dwelling premises) for requirements about the handover day for a notice to leave given without ground for a periodic agreement.
292 Application to tribunal about notice to leave without ground
(1) This section applies if—
(a) the tenant is given a notice to leave without ground; and
(b) the tenant reasonably believes the notice was given in contravention of section 291.
(2) The tenant may apply to a tribunal for an order to set aside the notice.
(3) The application must be made within 4 weeks after the notice was given.
(4) On an application under this section, the tribunal may make the order sought if it is satisfied the notice was given in contravention of section 291.