Queensland Subordinate Legislation as Made

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION (COVID-19 EMERGENCY RESPONSE) REGULATION 2020 - REG 47

47 Moratorium on evictions

(1) Until the end of the relevant period, a provider or provider’s agent must not evict a resident for failure to pay rent as required under the rooming accommodation agreement if the failure relates to the resident suffering excessive hardship because of the COVID-19 emergency.

Penalty—

Maximum penalty—50 penalty units.

(2) Subsection (1) does not prevent a provider from ending a rooming accommodation agreement under the Act —

(a) for any reason other than a failure to pay rent as required under the agreement; or

(b) for a failure to pay rent as required under the agreement if the failure was not related to the resident suffering excessive hardship because of the COVID-19 emergency; or

(c) as a consequence of having given a notice to leave, or applying to the tribunal for an order terminating the agreement, before 29 March 2020.

(3) In this section—

"evict" , a resident, means—

(a) give the resident a notice to leave in relation to the rental premises; or

(b) apply to the tribunal for an order terminating the rooming accommodation agreement; or

(c) cause the resident to vacate the rental premises by any of the following actions—

(i) coercing the resident into agreeing to end the rooming accommodation agreement under section 366 (2) of the Act ;

(ii) preventing the resident from freely accessing the resident’s room, including, for example, by changing the locks or intimidating the resident;

(iii) causing the resident to vacate the rental premises because of false or misleading information given to the resident by the provider or another person on behalf of the provider;

(iv) causing the resident to vacate the rental premises because of acts of intimidation carried out by the provider or another person on behalf of the provider.

"notice to leave" means a notice given by a provider to a resident under section 369 , 370 , 371 , 372 or 374 of the Act .

"relevant period" means the period starting on 29 March 2020 and ending on the earlier of the following days—

(a) 29 September 2020;

(b) the last day of the COVID-19 emergency period.