Queensland rental laws have changed following assent of the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024. A series of changes commenced this month, while other changes will come into effect on a later date to be advised.
As more information is released, I will be updating each section on my Let’s Talk blog, and will link to these sections once completed. The Let’s Talk blog posts are designed to provide extensive information regarding tenancy laws and obligations, for both Lessors and Tenants, as well as provide best practices on these topics.
RENT AND INCREASES
New laws in effect from 6 June 2024
- Rent bidding: rent bidding or accepting rent offers higher than the advertised price, are banned
- Maximum rent in advance: a property manager/owner cannot, at the start of a new tenancy, solicit, accept or invite a tenant to pay more rent in advance that exceeds two weeks for a periodic tenancy agreement, a rooming accommodation agreement or movable dwelling tenancy agreement and one month for a fixed tenancy agreement, even if a prospective tenant makes an offer to pay more than the amount prescribed in the legislation
Note: throughout the course of a tenancy, a tenant may negotiate how much rent in advance can be paid - Rent increases: are limited to 12 months and are attached to the property instead of the tenancy. Written agreements must state the date of the last rent increase
- Exemptions for rent increases: exempt property managers/owners and exempt providers/agents will be exempt from minimum period to increase rent. The Act provides definitions for an exempt property manager/owner and an exempt provider
- Evidence of last increase: a tenant may (by written notice) request from a managing party, evidence of the day of the last rent increase, which must be provided within 14 days. The requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement, and the property manager/owner does not have information about the date of the last rent increase
- Undue hardship: a managing party may apply to Queensland Civil and Administrative Tribunal (QCAT) for permission to increase rent within 12 months due to undue hardship. The tribunal must have regard to any representation made by the tenant in relation to affordability and ability to continue to pay rent.
- Fixed price: rooming accommodation must be advertised at a fixed price.
Upcoming changes (dates to be advised)
- Re-letting costs: will be calculated on the remaining time on the tenancy or rooming agreement and whether the fixed term agreement is greater or less than three years
- Rent payments: tenants must be offered two ways to pay rent including a way that does not incur more than usual bank costs and is reasonably available to a tenant
- Disclosing benefits: any financial benefits received by managing parties regarding rent payments must be disclosed
- Utility bills: a tenant must receive utility bills within a four-week timeframe unless the managing party has a reasonable excuse, otherwise the tenant does not need to pay. There are also changes to how water charges are calculated and can be charged when a tenancy begins or ends during a billing period.
BALANCING PRIVACY AND ACCESS
New laws in effect from 6 June 2024
- Smoke alarms: new grounds for entry to rooming accommodation to install, maintain or repair smoke alarms.
Upcoming changes (dates to be advised)
- Entry notice period: the minimum entry notice period has increased from 24 hours to 48 hours
- Entry frequency: new limits apply to the frequency of entry after a notice to end the tenancy has been issued.
RENTAL BOND PROCESSES
New laws in effect from 6 June 2024
- Commercial bond loans: the process for refunding bonds involving commercial bond loan suppliers has changed
- Bond for rooming accommodation: bonds must be lodged for each room where the owner lives on the premises and there are no more than three rooms available for rent, as well as student accommodation
- Bond disputes: if a bond dispute is dismissed or withdrawn at Queensland Civil and Administrative Tribunal (QCAT), the RTA can release the bond as per the original request.
Upcoming changes (dates to be advised)
- Maximum bond: no more than four weeks rent can be requested by a managing party. There will be provision in certain circumstances for tenants to request a refund of bonds paid over the maximum amount prior to these changes coming into effect
- Evidence for bond claims: when making a bond claim or disputing a bond, the managing party must provide the tenant with supporting evidence within 14 days of lodging a claim or dispute.
NEW REGULATIONS AND ENFORCEMENT
New laws in effect from 6 June 2024
- Establish new regulations: three new Heads of Power (regulations) will be established to oversee the development and implementation of
(1) a new portable bond scheme
(2) a rental sector code of conduct and
(3) applications to make modifications for safety, security or accessibility - Providing false and misleading information: expanded to include ‘the authority’ (RTA) and penalty provisions apply
- Greater enforcement: new offence provisions allow the RTA to take greater enforcement actions to uphold compliance with the Act.
Upcoming changes (dates to be advised)
- Information sharing: the RTA will have the ability to share information with other regulatory bodies including the Office of Fair Trading
- New regulations commence: three new Heads of Power (regulations) commence for
(1) the new portable bond scheme
(2) a rental sector code of conduct and
(3) applications to make modifications for safety, security or accessibility
more information will be available once regulations have been developed.
OTHER CHANGES
New laws in effect from 6 June 2024
- Ending tenancies: greater clarity on ending tenancies in the following situations: a short tenancy for moveable dwellings, when a community title scheme (that is, a body corporate for units or townhouses) is terminated and changes to terminology with regards to ending a tenancy due to student entitlement
- Goods left behind: for managing parties to contact former tenants where goods are left behind and revised process of advertising stored goods
- Domestic and family violence: amendments to terminology and expansion of confidentiality requirements
- Other: in general, some terminology and minor amendments have changed and while some penalty provisions have been added, others have been increased.
Upcoming changes (dates to be advised)
- Rental application process: a new standardised rental application form will be created and must be used when a tenant is applying for a rental property. Managing parties will need to provide prospective tenants with an option to lodge this form in ways other than using third-party platforms. There are also new guidelines on what information managing parties may request from prospective tenants during the rental application process
- Protecting privacy: new limits apply to the personal information that can be requested and collected by managing parties
- Request for fixtures and structural changes: revised process for a tenant to request fixtures and structural changes (in writing) to the managing party who must respond within 28 days.
NEW RTA FORMS
The Residential Tenancies Authority (RTA) has published new and updated forms for general tenancies and rooming accommodation.
This follows amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) after the Queensland Government’s Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (RTRAOLA Act) became law on 6 June 2024.
While the new tenancy legislation has been made law, it’s important to remember that not all changes commence immediately. A number of reforms will commence on the date of assent, 6 June 2024. Other reforms will commence on the date of proclamation, on a date to be advised.
The reforms include changes to rent increase frequency limits, bans rent bidding and introduces new requirements to lodge a bond with the RTA as well as to provide the date of the last rent increase on a tenancy or rooming accommodation agreement, in addition to other changes to Queensland’s tenancy laws.
Learn more about these changes and what they mean for your tenancy rights and responsibilities on the RTA’s rental law changes web page.
A list of updated RTA forms are available on the RTA website. View here.
