Actions in Respect of Residential Tenancy

Nature of action Time Limit Period Legislation Provision
Proceedings for an offence against the Residential Tenancies and Rooming Agreement Act 20089 (Qld). The proceeding must start within the later of the following periods to end:

·         1 year after the commission of the offence;

·         6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

 s 510 Residential Tenancies and Rooming Agreement Act 2008 (Qld) A proceeding for an offence against the Residential Tenancies and Rooming Act 2009 (Qld) must be taken in a summary way under the Justices Act 1886 (Qld).
Application to the Queensland Civil and Administrative Tribunal for an order to set aside a Notice to Leave Without Ground. The application must be made within 4 weeks after the notice was given. s 292(3) Residential Tenancies and Rooming Agreement Act 2008 (Qld) The tenant may apply to QCAT for an order to set aside the notice where the tenant is given a notice to leave without ground and the tenant has a reasonable belief that the notice was given in contravention to s 291.
Application about a breach of agreement. The application must be made within 6 months after lessor/tenant (or provider/resident) becomes aware of breach. s 419 Residential Tenancies and Rooming Agreement Act 2008 (Qld) If lessor or tenant (or provider or resident) claims breach of tenancy agreement, either party can apply to the Queensland Civil and Administrative Tribunal for an order about the breach.
Application about a breach of s 459 (where listing of a tenant on a tenancy database was in contravention of restrictions on listing). The application may only be made within 6 months after the tenant becomes aware of the breach. s 460 Residential Tenancies and Rooming Agreement Act 2008 (Qld) Application is to be made to the Queensland Civil and Administrative Tribunal.
Application to have the tenant’s name omitted or other personal information omitted for changed in a tenancy database because of unjust or incorrect or misleading listing (see s 461). No time limit under the Residential Tenancies and Rooming Act 2009 (Qld). s 461 Residential Tenancies and Rooming Act 2009 (Qld)
Application to reopen a proceedings (other than an appeal under part 8, div 1) that has been heard and decided by QCAT. An application for a proceeding to be reopened must be made by filing the application within 28 days after the day the party is given notice of the decision.

OR If the party making the application has requested written reasons for the decision under s122, the day the party is given the written reasons.

 s 138 Queensland Civil and Administrative Tribunal Act 2009 (Qld)

r 92 Queensland Civil and Administrative Tribunal Rules 2009 (Qld)

 Queensland Civil and Administrative Tribunal Act 2009 (Qld) – s 138:

 

(1) A party to a proceeding may apply to the tribunal for the proceeding to be reopened if the party considers a reopening ground exists for the party.

 

 

Schedule 3 Queensland Civil and Administrative Tribunal Act 2009 (Qld) defines ‘reopening ground’:

–

a)   the party did not appear at the hearing of the proceedings and had a reasonable excuse for not attending the hearing; or

b)   the party would suffer a substantial injustice if the proceeding was not reopened because significant new evidence has arisen and that evidence was not reasonably available when the proceeding was first heard and decided.

Queensland Civil and Administrative Tribunal Rules 2009 (Qld) – r93 The tribunal must –

1.   allow the applicant at least 7 days after the application is made to make submissions about the application; and

2.   allow each other party to the proceeding at least 7 days after receiving a copy of the application to make written submissions about the application.
Action to recover arrears of rent (and associated damages). 6 years from when arrears became due. s 25 Limitation of Actions Act 1974 (Qld) An action shall not be brought nor a distress made to recover arrears of rent or damages in respect thereof after the expiration of 6 years from the date on which the arrears became due.
MANUFACTURED HOMES (RESIDENTIAL PARKS)
Proceedings for an offence against the Manufactured Homes (Residential Parks) Act 2003 (Qld). Proceedings must start within 1 year after commission of the offence.

OR within 6 months after offence comes to complainant’s knowledge, but not more than 2 years after the offence is committed.

 s 136 Manufactured Homes (Residential Parks) Act 2003 (Qld) A proceeding for an offence against the Manufactured Homes (Residential Parks) Act 2003 (Qld) is to be taken in a summary way under the Justices Act 1886 (Qld).
BODY CORPORATE AND COMMUNITY MANAGEMENT ACT
Adjudication application to declare any of the following void:

 

a)    a meeting of the committee for the body corporate, or a general meeting of the body corporate; or

b)    a resolution of the committee or body corporate; or

c)    a decision of the body corporate for a specified two-lot scheme made by a lot owner agreement; or

d)    the election of an executive or other member of the committee.

 

 The adjudication application must be made within 3 months of the meeting, resolution or election. s 242(2) Body Corporate and Community Management Act 1997 (Qld) s 242(3) Body Corporate and Community Management Act 1997 (Qld) A person is taken to have complied with s.242(2) if a conciliation application for the same dispute is brought within the 3 month time limit.
Appeal to appeal tribunal from an order made by an adjudicator in hearing a dispute. Appeal must be started within 6 weeks after the aggrieved person receives a copy of the order. s 290 Body Corporate and Community Management Act 1997 (Qld) Appeal tribunal means the appeal tribunal under the Queensland Civil and Administrative Tribunal Act 2009.