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Download this information on Police power to remove a resident as a PDF (135kB)
This fact sheet refers to residents living in rooming accommodation such as boarding houses, supported accommodation, or off-campus student accommodation who have signed a rooming accommodation agreement (form18) with their provider/agent and are covered under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).
The Act sets out the rules for residents and provider/agents in Queensland. Under these laws, the provider/agent can remove a resident in certain circumstances, but only if they follow the rules.
A provider/agent can ask the resident to leave only when all of the following criteria have been met:
These are the only reasons when a provider/agent can remove the resident. The provider/agent doesn't need permission from the RTA or the Police to do this. They need to follow the rules under the law.
In some cases, a provider/agent may ask a resident to leave immediately. This is serious, and means the resident must leave right away. The reasons for asking someone to leave immediately are because the provider/agent thinks:
The provider/agent must give a notice to leave (form R12) that says why the resident is being asked to leave, and they must sign it.
It is always best for the provider/agent and the resident to talk about the problem and work out a way to agree. But when the provider/agent has given a notice to leave, filled it out correctly and the resident still won't leave, they can use 'necessary and reasonable' force to get the resident to leave. However, before they can use force, they must have a Police Officer present.
The provider/agent can use 'reasonable' force in getting the resident to leave. This means, they can't hurt the person or their health on purpose. They should use the least force necessary to get the resident to leave. This is why it is important for a Police Officer to be there.
The provider/agent can call the Police if they think the resident won't leave. They can call ahead and make a time for the Police to be there. The Police will attend as long as there isn't a more urgent call to attend.
The main job of the Police is to make sure the resident leaves peacefully without anyone breaking the law. It is the job of the provider/agent to ask the resident to leave. The Police Officer will not do the job of the provider/agent. It is the job of the Police to make sure both the resident and provider/agent do the right thing (follow the rules) and don't break the law.
The Police can make an arrest without a warrant:
If the resident thinks the provider/agent has broken the rules for renting in the Act, the resident can fill out a dispute resolution request (form R16) and give it to the Residential Tenancies Authority. The RTA will talk to both sides and try to get them to agree on a way forward. If that doesn't work, then the resident can apply to the Tribunal and ask them to make a decision. Residents can contact the organisations listed for help with their dispute.
If a resident has been asked to leave and has nowhere to go, there are places that may be able to help:
The RTA's approved forms can be obtained by:
A selection of the most commonly used forms is also available at Australia Post outlets around Queensland.
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© The State of Queensland Residential Tenancies Authority 2009
