Retaliatory Eviction in Queensland: What Landlords Need to Know

The Prohibition on Retaliatory Eviction

Section 246A of Queensland's Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) addresses retaliatory action. After a tenant asserts their rights, the lessor must not issue a Notice to Remedy Breach (except for specified rent arrears), increase the rent, take action to end the agreement, or refuse to enter a further agreement in order to intimidate or punish the tenant.

If a tenant contests one of these actions, QCAT decides whether it was likely taken to intimidate or punish them. The timing and your records of the decision may be relevant evidence.

What Counts as Retaliation

Retaliatory action under section 246A can include:

• Issuing a Form 11 Notice to Remedy Breach (except for a notice relating to rent unpaid for at least seven days) after the tenant asserts their rights
• Increasing rent after the tenant asserts their rights
• Taking action to end the tenancy agreement after the tenant asserts their rights
• Refusing to enter a further tenancy agreement with the tenant at the end of the current agreement

These actions are retaliatory when taken in response to the tenant asserting their rights to intimidate or punish them. A repair refusal may breach separate repair duties; it is not one of the actions listed in section 246A.

How Tenants Challenge a Retaliatory Notice

If a tenant reasonably believes an action was taken to intimidate or punish them for asserting their rights, they can apply urgently to QCAT to have the action set aside. The application must be made within one month after the tenant becomes aware of the action. QCAT's decision is evidence-based.

QCAT may set aside the action if satisfied it was likely taken to intimidate or punish the tenant. A particular outcome is not automatic.

Protecting Yourself From Retaliation Claims

The best protection is documentation and process. If you have a legitimate reason to end a tenancy — selling the property, moving a family member in, undertaking significant renovations — document that decision before any repair dispute arises. Written evidence that predates the tenant's complaint (a real estate listing agreement, a development application, a family email) demonstrates the action was not triggered by the complaint.

If a tenant has lodged a repair request and you separately have grounds to end the tenancy, consider the optics carefully. Completing the requested repair before serving any notice weakens any retaliation argument. Ignoring the repair and immediately issuing a notice strengthens it.

Never state or imply — verbally or in writing — that a notice or rent increase is connected to a complaint. Even informal comments like "if you keep complaining, I'll sell the place" can be used as evidence at QCAT.

The Repair Request Came at a Bad Time — Now What

Sometimes genuine end-of-tenancy decisions and tenant repair requests collide by coincidence. A tenant reports mould the same week you receive an offer on the property. The timing looks retaliatory even though it is not.

In this situation, deal with the repair request on its merits first. Issue your Form 9 entry notice, inspect the property, and arrange remediation as required under Schedule 5A. Once the repair is resolved or actively underway, proceed with the Notice to Leave for your legitimate reason, citing the correct ground (e.g., owner sale under the relevant provision). Your file should show two separate, properly documented workflows: one for the repair, one for the tenancy end.

The Rental Minimum Standards in Queensland guide covers the full repair and entry workflow, including how to document each step in a way that demonstrates compliance regardless of what else is happening in the tenancy.

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