Queensland Subordinate Legislation as Made

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION (COVID-19 EMERGENCY RESPONSE) REGULATION 2020 - REG 11

11 Unpaid rent—show cause notice

(1) This section applies if—

(a) the rent payable under a residential tenancy agreement has remained unpaid in breach of the agreement for at least 7 days; and

(b) the lessor knows, or ought reasonably to know, the tenant is or has been suffering excessive hardship because of the COVID-19 emergency.

(2) The lessor must not give the tenant a notice to remedy breach under section 280 of the Act but may give the tenant a show cause notice for the unpaid rent.

(3) If the tenant is given a show cause notice for the unpaid rent, the tenant must do either of the following within 14 days after being given the notice—

(a) pay the unpaid rent;

(b) inform the lessor the rent is unpaid because the tenant is or has been suffering excessive hardship because of the COVID-19 emergency.

(4) Despite subsection (2) , if the tenant does not comply with subsection (3) the lessor may give the tenant a notice to remedy breach under section 280 of the Act for the unpaid rent.

(5) If—

(a) the tenant does not pay the unpaid rent within 14 days after being given the show cause notice; and

(b) the tenant informs the lessor under subsection (3) (b) that the rent is unpaid because the tenant is or has been suffering excessive hardship because of the COVID-19 emergency;

the lessor may request that the tenant enter into a tenancy variation agreement with the lessor.

(6) This section overrides section 280 of the Act to the extent of the inconsistency between this section and section 280 of the Act .

(7) In this section—

"show cause notice" , for unpaid rent by a tenant, means a notice, in the approved form, stating all of the following—

(a) the tenant has not paid rent as required by the agreement;

(b) the amount of the unpaid rent;

(c) that the tenant must respond to the notice, or pay the amount of unpaid rent, within 14 days of receiving the notice;

(d) that, in responding to the notice, the tenant must state whether or not the rent is unpaid because the tenant is or has been suffering excessive hardship because of the COVID-19 emergency.