Question
Emma is a tenant in an apartment complex in Queensland and recently received a notice of eviction from her landlord. The eviction notice cites Section
Emma is a tenant in an apartment complex in Queensland and recently received a notice of eviction from her landlord. The eviction notice cites Section 5(1) of the Residential Tenants Act 2020 (RTA), which states that: "A landlord may terminate a rental agreement if the tenant fails to comply with any term of the agreement."
Emma argues that her landlord's interpretation of Section 5(1) is too broad and does not account for her specific situation. Emma's lease agreement included a term about maintaining the garden, which she failed to do for two weeks, as she was hospitalized due to unforeseen medical issues.
In a report written by the Law Reform Commission, brought before Parliament prior to the legislation being enacted, it was explained that the purpose of Section 5(1) was to provide landlords with more rights when a tenant severely breaches a major lease term and that the section should not be invoked for more minor infractions. A journal article written by the Queensland Law Society also featured a discussion on this new legislation but concluded that the legislation could be invoked for any contractual breach, regardless of how minor.
Emma is seeking a court order to stop her from being evicted.
You are the judge presiding over this matter. Using relevant case law and legislation to support your findings, explain how you would interpret the legislation and how the matter should be decided. Explain whether or not you would consider the Law Reform Commission report and the Queensland Law Society's journal article in reaching your decision and given reasons why or why not.
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